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07-1132
David WILEY and IN THE COURT OF COMMON PLEAS Robin WILEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL DIVISION - LAW Harold F. WILEY No. Term 2007 Defendant NnTIrF 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 defenses or objections to the claims set 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 of 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 David WILEY and Robin WILEY, Plaintiffs V. Harold F. WILEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 07- /l3 Z CIVIL TERM COMPLAINT AND NOW come Plaintiffs, David and Robin Wiley, by and through their attorney, James M. Robinson, Esquire, and represent as follows: STATEMENT OF FACTS 1. Plaintiffs, David Wiley and Robin Wiley, are husband and wife, and reside at 2258 Pine Road, Newville, PA 17241. 2. Defendant Harold F. Wiley is the father of Plaintiff David Wiley, his last known address is 2258 Pine Road, Newville, PA 17241, and Plaintiffs believe he has relocated to an elder-care facility. 3. Defendant purchased the premises at 2258 Pine Road, Newville, Pa., in November of 2003. 4. Originally, the premises was to be deeded to Defendant and Plaintiff's jointly, but was changed at the insistence of the lender. 5. Defendant entered into an oral agreement with the Plaintiffs whereby Plaintiffs would make the regular monthly mortgage payments of approximately $702.00 and Defendant would later deed the property to Plaintiffs. 6. Plaintiffs supplied the down payment and settlement costs of approximately $7,000.00 for the purchase. 7. Defendant, at his own insistence, paid rent to the Plaintiffs in the amount of $600.00 per month. 8. Defendant resided with Plaintiffs on said property from November 2003 until January 2007, during which time Plaintiffs provided for his care. 9. Plaintiffs have resided on the property and made the agreed-upon monthly mortgage payments from November 2003 to the present. (Exhibit 1, a bank statement printout, is attached and incorporated herein as if fully set forth.) 10. Defendant initially appointed Plaintiff David Wiley as his Power of Attorney. 11. In January 2007, Defendant left the Plaintiffs' home and it is believed by Plaintiffs that he relocated to an elder-care facility. 12. On February 7, 2007 Defendant revoked the Power of Attorney granted to Plaintiff David Wiley. 13. Subsequently, Peggy Nieves, of 109 North Baltimore Street, Mount Holly Springs, PA 17065, and Bernadine Wiley, of Columbus, Ohio (daughters of Defendant and sisters of Plaintiff David Wiley), began making decisions with or for the Defendant regarding the property in question. 14. According to Bernadine Wiley, Defendant granted her his Power of Attorney between the February 7 revocation and her first entry into the Plaintiffs' home on February 17, 2007. COUNTI WRONGFUL EVICTION 15. Paragraphs 1 through 14 are incorporated herein as if fully set forth. 16. Following her as-yet-unsubstantiated allegation that she had received Power of Attorney, Bernadine Wiley and Peggy Nieves (hereinafter, "Defendant's Agents"), with the Defendant's knowledge, then began machinations to remove the Plaintiffs from the property. 17. Plaintiffs were first informed of Defendant's resolve to evict them via a February 15, 2007 letter from Stephen J. Hogg, Esquire, counsel for Defendant. (Exhibit 2, Letter from Stephen J. Hogg, Esquire, is attached and incorporated herein as if fully set forth.) 18. Defendant's Agents and Constable Kevin M. Kelley entered the property on February 17, 2007, on the alleged authority of a court order issued to remove Defendant's belongings; however, this order was never shown to the Plaintiffs by Defendant's Agents or Constable Kelley. 19. On or about February 17 and February 25, 2007, merely two and ten days, respectively, following the date on the notice received from Attorney Hogg, Defendant's Agents essentially ransacked the Plaintiffs' home, emptying drawers, cabinets and dressers and throwing the Plaintiffs' belongings onto the floor. 20. No inventory list of the items removed from the home on either occasion has ever been provided to the Plaintiffs, who were forced to stand by and watch Defendants' Agents literally loot their home with abandon. 21. Plaintiffs were not given the opportunity to ensure that their own personal belongings were not also removed from the premises. 22. At the very least, food items, dishes and plates belonging to Plaintiffs are now missing following Defendant's Agents' entry onto the premises. 23. Plaintiffs old bank books with their private, valuable information were found strewn about following Defendant's Agents' entry onto the premises. 24. On February 25, 2007, just ten days after Attorney Hogg dated his letter, Defendant's Agents entered the property, removed additional items of personal property and changed the locks on the house in order to bar Plaintiffs from entry, thus impeding Plaintiff's right to possession as well as their ability to remove their personal property from the premises. 25. Plaintiffs have not received any official written notice of eviction, court order, or other legal document from any court indicating that an eviction action was being initiated. 26. Under Pennsylvania law, Plaintiffs are tenants-at-will on the property at 2258 Pine Road, Newville, Pa. 27. Plaintiffs, through the attempt of Defendant and Defendant's Agents of immediate and unreasonable dispossession, have not received the benefit of the lawful procedures of eviction provided by the Landlord Tenant Act of 1951, to which they are absolutely entitled. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor, to compel the Defendant and Defendant's Agents to cease and desist in their actions pending utilization of the legal remedies required by the Landlord Tenant Act of 1951; and to compel Defendant to remit those damages deemed appropriate by the Court. COUNT II RECOVERY OF OVERPAYMENT TO LANDLORD 28. Paragraphs 1 through 27 are incorporated herein as if fully set forth. 29. The monthly mortgage payments and down payment made by Plaintiffs far exceeded the fair rental value of the property for 2258 Pine Road, Newville, Pa. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against the Defendants, to compel Defendants to remit the difference between the total amount the Plaintiffs have paid and the fair rental value for their stay, the amount to be determined at a later date. COUNT III RECOVERY OF PAYMENTS FOR TRUCK 30. Paragraphs 1 through 29 are incorporated herein as if fully set forth. 31. In conjunction with the aforementioned mortgage agreement with Defendant, Plaintiffs also made regular monthly payments for Defendant on an auto loan from M & T Bank to purchase a 2000 Ford F150 pickup truck, which is titled to Defendant. (Exhibit 3, copies of checks issued for auto loan payments, is attached and incorporated herein as if fully set forth.) 32. In being ousted from the house, Defendant has also barred Plaintiffs' access to said truck. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against the Defendants, to compel Defendants to remit the sum total payments made by the Plaintiffs for the aforementioned auto loan, the amount to be determined at a later date. Respectfully Submitted, TURO LAW OFFICES J es M. R binson, Esquire orney for laintiffs 2/20/0? Deposit Inquiry 08:52:59 David Wiley Account number: 103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current balan ce: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 12/27/05 228 POS PUR. 12/22 EXXONMOBIL18 0 20.00 SHIPPENS PA 12/29/05 228 POS PUR. 12/27 AMOCO OIL 0 20.00 CARLISLE PA 1/03/06 228 POS PUR. 12/29 SUNOCO SVC STAT 20.00 SHIPPENSBURG PA 1/04/06 183 MORTGAGE Countrywide 702.00 TEL 1/04/06 183 MORTGAGE Countrywide 9.00 TEL 1/05/06 163 PAYROLL MOFFITT 513.74 PPD 1/09/06 228 POS PUR. 01/08 100 SOUTH CONES 101.26 SHIPPENSBURG PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2120107 Deposit Inquiry 08:52:59 David Wiley Account number: .103003907 Last stmt balance: 315.85 - Last stmt date: 1/25/07 Current balance: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 1/09/06 228 POS PUR. 01/06 INTELIUS-INTELI 14.81 425-974-6100 WA 1/10/06 227 ATM W/D. 01/10 77 E KING ST 275.00 SHIPPENSBURG PA 1/12/06 228 POS PUR. 01/11 37 CARLISLE ROA' 18.43 NEWVILLE PA 1/13/06 228 POS PUR. 01/12 40 SHIPPENSBURG 70.64 SHIPPENSBURG PA 1/13/06 227 ATM W/D. 01112 RT 174 WALNUT B 70.00 SHIPPENSBURG PA 1/13/06 228 POS PUR. 01/12 010070 SHEETZ 0 15.00 SHIPPENSBURG PA 1/17/06 183 MORTGAGE Coun trywide 200.00 TEL More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley y Last stmt ba lance: Current balance: Posted T/C 1/17/06 228 1/17/06 183 1/19/06 163 1/19/06 228 1/20/06 228 1/20/06 228 1/23/06 228 Deposit Inquiry Account nu mber: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 01/15 SUNOCO SVC ST AT SHIPPENSBURG PA MORTGAGE Countrywide TEL PAYROLL MOFFITT PPD POS PUR. 01/18 XM *ONLINE XMRADIO.COM DC POS PUR. 01/19 BIGMOPCOM 510-5022509 CA POS PUR. 01/19 020263 SHEETZ 0 CARLISLE PA POS PUR. 01/22 0195 SHEETZ 0 MECHANICSBURG PA 08:52:59 103003907 1/25/07 25 Amount 15. 00 5.00 636. 15 7. 99 29. 75 11.72 40. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt ba lance: Current balance: Posted T/C 1/23/06 228 1/24/06 183 1/25/06 183 1/25/06 183 1/25/06 183 1/25/06 183 1/27/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 01/19 770076 SHEETZ 0 CHAMBERSBURG PA INST XFER PAYPAL WEB MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL INST XFER PAYPAL WEB 08:52:59 ` 103003907 1/25/07 25 Amount 25. 00 34. 90 700. 00 150.00 9. 00 9.00 2?. 15 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 , David Wiley Last stmt balance: Current balan ce: Posted T/C 1/31/06 228 1/31/06 228 2/01/06 183 2/02/06 163 2/02/06 183 2/03/06 228 2/03/06 228 Deposit Inquiry Account number: 315.85-- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 01/30 PPL ELECTRIC UT 800-342-5775 PA POS PUR. 01/30 FEES 214-750-2700 TX INST XFER PAYPAL WEB PAYROLL MOFFITT PPD NW INTREFT NATIONWIDE P&C PPD POS PUR. 02/02 TWIN MOUNTAIN F SAN ANGELO TX POS PUR. 02/01 SAYLORS NEWVIULLE PA 08:52:59 103003907 1/25/07 25 Amount 184. 00 4.95 17.24 617.20 210. 60 83. 44 66.20 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley + Last stmt balance: Current bala nce: Posted T/C 2/23/06 228 2/24/06 228 2/27/06 228 2/27/06 228 2/27/06 228 3/02/06 163 3/02/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 02/23 850 EAST HIGH S CARLISE PA POS PUR. 02/23 100 SOUTH CONES SHIPPENSBURG PA POS PUR. 02/26 37 CARLISLE'ROA NEWVILLE PA POS PUR. 02/24 0070 SHEETZ 0 SHIPPENSBURG PA POS PUR. 02/25 020263 SHEETZ 0 CARLISLE PA PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL 08:52:59 ' 103003907 1/25/07 25 Amount 19.52 111.36 37. 55 20. 00 20. 00 322. 09 706. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 2/23/06 228 2/24/06 228 2/27/06 228 2/27/06 228 2/27/06 228 3/02/06 163 3/02/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 02/23 850 EAST HIGH S CARLISE PA POS PUR. 02/23 100 SOUTH CONES SHIPPENSBURG PA POS PUR. 02/26 37 CARLISLE ROA NEWVILLE PA POS PUR. 02/24 0070 SHEETZ 0 SHIPPENSBURG PA POS PUR. 02/25 020263 SHEETZ 0 CARLISLE PA PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL 08:52:59 103003907 1/25/07 25 Amount 19.52 111.36 37.55 20.00 20.00 322.09 706.00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 3/02/06 228 3/02/06 183 3/03/06 228 3/06/06 228 3/06/06 228 3/06/06 228 3/07/06 228 Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 03/01 TRACTOR SUPPLY 38.97 CARLISLE PA MORTGAGE Countrywide 9.00 TEL POS PUR. 03/02 37 CARLISLE ROA 148.17 NEWVILLE PA POS PUR. 03/02 FLOWERSHOPNETWO 54.99 870-2155444 AR POS PUR. 03/03 WALNUT BOTTOM R 32.84 SHIPPENSBURG PA POS PUR. 03/03 5358 WAL-SAMS 21.88 SHIPPENSBURG PA POS PUR. 03/06 100 SOUTH CONES 49.07 SHIPPENSBURG PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David WiYey Last stmt balance: Current balan ce: Posted T/C 3/16/06 163 3/16/06 183 3/16/06 183 3/17/06 228 3/17/06 228 3/17/06 228 3/17/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL POS PUR. 03/16 5358 WAL-SAMS SHIPPENSBURG PA POS PUR. 03/16 WALNUT BOTTOM R SHIPPENSBURG PA POS PUR. 03/17 1730 LINCON WAY CHAMBERSBURG PA POS PUR. 03/16 WALNUT BOTTOM R SHIPPENSBURG PA 08:52:59 ' 103003907 1/25/07 25 Amount 322. 08 150.00 5. 00 64. 81 42. 36 33. 82 .03 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 3/24/06 228 3/27/06 228 3/27/06 228 3/27/06 228 3/28/06 228 3/30/06 163 4/04/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 03/22 AMOCO OIL 0 CARLISLE PA POS PUR. 03/24 PPL ELECTRIC UT 800-342-5775 PA POS PUR. 03/23 SUNOCO SVC STAT SHIPPENSBURG PA POS PUR. 03/24 FEES 214-750-2700 TX POS PUR. 03/26 SUNOCO SVC STAT SHIPPENSBURG PA PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL 08:52:59 103003907 1/25/07 25 Amount 20. 00 200.00 20.01 4. 95 20. 00 322. 07 710. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 4/04/06 183 4/05/06 228 4/05/06 228 4/05/06 228 4/06/06 228 4/07/06 228 4/07/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description MORTGAGE Countrywide TEL POS PUR. 04/04 PPL ELECTRIC UT 800-342-5775 PA POS PUR. 04/04 37 CARLISLE ROA NEWVILLE PA POS PUR. 04/04 FEES 214-750-2700 TX POS PUR. 04/06 37 CARLISLE ROA NEWVILLE PA POS PUR. 04/06 010263 SHEETZ 0 CARLISLE PA POS PUR. 04/05 SAYLORS NEWVIULLE PA 08:52:59 103003907 1/25/07 25 Amount 9.00 200.00 17.10 4.95 16.35 21.56 15. 83 More... F3=Exit F12=Previous F17=Top F18=Bottom. 2/20/0 7 , , David Wiley Last stmt balance: Current balan ce: Posted T/C 4/10/06 228 4/10/06 228 4/11/06 228 4/11/06 228 4/13/06 163 4/18/06 183 4/18/06 183 F3=Exit Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 04/07 AMOCO OIL 0 CARLISLE PA POS PUR. 04/06 AMOCO OIL 0 CARLISLE PA POS PUR. 04/08 SUNOCO SVC STAT SHIPPENSBURG PA POS PUR. 04/09 CIC*Triple Adva 877-4816825 CA PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL F12=Previous F17=Top F18=Bottom 08:52:59 103003907 1/25/07 25 Amount 20.01 20. 00 20. 03 12. 95 322.09 150. 00 5. 00 More... 2/20/07 David Wiley Last stmt balance: Current balan ce: Posted T/C 4/26/06 228 4/27/06 163 4/27/06 228 4/28/06 227 5/01/06 228 5/03/06 183 5/03/06 228 Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 04/25 APPALACHIAN ORT 25.00 CARLISLE PA PAYROLL MOFFITT 322.08 PPD POS PUR. 04/25 PA-SCDU 95.00 MIDDLETOWN PA ATM W/D. 04/28 RT 174 WALNUT B 20.00 SHIPPENSBURG PA POS PUR. 04/28 0070 SHEETZ 0 30.00 SHIPPENSBURG PA MORTGAGE Countrywide 702.00 TEL POS PUR. 05/02 37 CARLISLE ROA 13.35 NEWVILLE PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2120107 Deposit Inquiry 08:52:59 David Wiley Account number: 103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current balance: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 5/03/06 183 MORTGAGE Countrywide 9.00 TEL 5/04/06 227 ATM W/D. 05/04 427 VILLAGE DR 60.00 CARLISLE PA 5/05/06 227 ATM W/D. 05/05 427 VILLAGE DR 30.00 CARLISLE PA 5/05/06 228 POS PUR. 05/03 GRAHAM MEDICAL 25.00 NEWVILLE PA 5/05/06 228 POS PUR. 05/04 37 CARLISLE ROA 21.09 NEWVILLE PA 5/08/06 228 POS PUR. 05/05 0070 SHEETZ 0 30.00 SHIPPENSB URG PA 5/09/06 183 INST XFER PAYPAL 64.98 WEB More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balance: Posted T/C 5/15/06 228 5/15/06 228 5/15/06 228 5/16/06 183 5/16/06 183 5/17/06 228 5/18/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 05/12 AMOCO OIL 0 CARLISLE PA POS PUR. 05/11 SAYLOR'S MARKET NEWVILLE PA POS PUR.*05/11 CIC*Triple Adva 877-4816825 CA MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL POS PUR. 05/16 37 CARLISLE ROA NEWVILLE PA POS PUR. 05/17 PA-SCDU MIDDLETOWN PA 08:52:59 103003907 1/25/07 25 Amount 30. 00 25. 01 12. 95 150.00 5. 00 44. 97 95. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balan ce: Posted T/C 5/31/06 163 6/05/06 183 6/05/06 183 6/08/06 163 6/08/06 228 6/08/06 228 6/12/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL PAYROLL MOFFITT PPD POS PUR. 06/07 PPL ELECTRIC UT 800-342- 5775 PA POS PUR. 06/07 FEES 214-750- 2700 TX POS PUR. 06/08 AMOCO OIL 0 CARLISLE PA 08:52:59 103003907 1/25/07 25 Amount 322.09 702.00 9.00 322.08 237.00 4. 95 25.00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley " Last stmt balance: Current balance: Posted T/C 6/12/06 228 6/16/06 183 6/16/06 228 6/16/06 183 6/19/06 228 6/19/06 228 6/22/06 163 F3=Exit Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 06/09 CIC*Triple Adva 12 95 877-4816825 CA . MORTGAGE Countrywide 150.00 TEL POS PUR. 06/15 950 WALNUT BOTT 31.08 CARLISLE PA MORTGAGE Countrywide 5.00 TEL POS PUR. 06/16 SUNOCO SVC STAT 20.00 SHIPPENSBURG PA POS PUR. 06/18 XM *ONLINE 7.99 XMRADIO.COM DC PAYROLL MOFFITT 322.08 PPD More... F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balance: Posted T/C 7/03/06 228 7/03/06 228 7/03/06 228 7/03/06 228 7/03/06 228 7/03/06 228 7/05/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 07/01 100 SOUTH CONES SHIPPENSBURG PA POS PUR. 06/30 IN THE SWIM-CAT 800-288-7946 IL POS PUR. 06/30 SHEETZ 0 CARLISLE PA POS PUR. 07/01 SUNOCO SVC STAT SHIPPENSBURG PA POS PUR. 06/30 SUNOCO SVC STAT SHIPPENSBURG PA POS PUR. 06/30 FEES 214-750-2700 TX MORTGAGE Countrywide TEL 08:52:59 103003907 1/25/07 25 Amount 192. 60 168. 98 27.21 26.21 20.00 4. 95 702. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 7/05/06 183 7/06/06 163 7/06/06 228 7/06/06 183 7/06/06 183 7/07/06 228 7/10/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description MORTGAGE Countrywide TEL PAYROLL MOFFITT PPD POS PUR. 07/05 100 SOUTH CONES SHIPPENSBURG PA INST XFER PAYPAL WEB INST XFER PAYPAL WEB POS PUR. 07/06 SHEETZ 0 CARLISLE PA POS PUR. 07/07 2574 WAL-SAMS CARLISLE PA 08:52:59 103003907 1/25/07 25 Amount 9.00 287.29 77 . 98 31.00 21.50 26.51 175.10 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 7/14/06 228 7/17/06 183 7/17/06 183 7/19/06 228 7/20/06 163 7/24/06 228 7/25/06 228 Deposit Inquiry Account n umber: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 07/12 AMOCO OIL 0 CARLISLE PA MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL POS PUR. 07/18 XM *ONLINE XMRADIO.COM DC PAYROLL MOFFITT PPD POS PUR. 07/21 SHEETZ 0 CARLISLE PA POS PUR. 07/24 TWX*AOL SERVI CE 800-827-6364 NY 08:52:59 103003907 1/25/07 25 Amount 20. 01 150. 00 5.00 7. 99 352. 99 20. 00 25. 90 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balan ce: Posted T/C 7/31/06 228 8/02/06 183 8/02/06 228 8/02/06 228 8/02/06 228 8/02/06 183 8/03/06 163 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 07/28 FEES 214-750-2700 TX MORTGAGE Countrywide TEL POS PUR. -08/01 SHEETZ CARLISLE PA POS PUR. 07/31 AMOCO OIL CARLISLE PA POS PUR. 08/01 SHEETZ CARLISLE PA MORTGAGE Countrywide TEL PAYROLL MOFFITT PPD 0 0 0 08:52:59 103003907 1/25/07 25 Amount 4.95 750.00 20. 01 20.00 10. 00 9. 00 617.19 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 Deposit Inquiry 08:52:59 David Wiley Account number: '103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current bala nce: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 8/16/06 183 MORTGAGE Countrywide 170.00 TEL 8/16/06 228 POS PUR. 08/14 AMOCO OIL 0 30.00 CARLISLE PA 8/16/06 183 MORTGAGE Countrywide 5.00 TEL 8/17/06 163 PAYROLL MOFFITT 564.82 PPD 8/17/06 228 POS PUR. 08/17 1180 WALNUT BOT 59.76 CARLISLE PA 8/17/06 228 POS PUR. 08/16 60 NOBLE BLVD 7.80 CARLISLE PA 8/18/06 228 POS PUR. 08/17 60 NOBLE BLVD 63.36 CARLISLE PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 , David Wiley Last stmt balance: Current balance: Posted T/C 8/31/06 228 9/01/06 228 9/01/06 228 9/05/06 183 9/05/06 228 9/05/06 228 9/05/06 183 Deposit Inquiry Account number- 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 08/30 TRACTOR SUPPLY CHANBERSBURG PA POS PUR. 09/01 1180 WALNUT BOT CARLISLE PA POS PUR. 08/30 SAYLOR'S MARKET NEWVILLE PA MORTGAGE Countrywide TEL POS PUR. 08/31 KWIK FILL CARLISLE PA POS PUR. 09/01 SHEETZ 0 CARLISLE PA MORTGAGE Countrywide TEL 08:52:59 103003907 1/25/07 25 Amount 32. 89 74 . 54 20. 01 725.00 38.76 12.85 9.00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 Deposit Inquiry 08:52:59 David Wiley Account number: 103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current balan ce: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 9/14/06 228 POS PUR. 09/14 1180 WALNUT BOT 14.73 CARLISLE PA 9/14/06 228 POS PUR. 09/13 SHEETZ 0 7.98 CARLISLE PA 9/15/06 228 POS PUR. 09/13 NEW GREAT WALL 7.32 CARLISLE PA 9/18/06 183 MORTGAGE Countrywide 170.00 TEL 9/18/06 228 POS PUR. 09/16 AUTO TRAKK LLC 85.00 MONTOURSVILLE PA 9/18/06 228 POS PUR. 09/14 AMOCO OIL 0 20.01 CARLISLE PA 9/18/06 183 MORTGAGE Countrywide 5.00 TEL More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 , David Wiley Last stmt balance: Current bala nce: Posted T/C 10/03/06 183 10/03/06 183 10/03/06 183 10/05/06 228 10/05/06 228 10/05/06 227 10/06/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description MORTGAGE Countrywide TEL CHILD PAY LOCKHEED MARTIN PPD MORTGAGE Countrywide TEL POS PUR. 10/04 PAYLESS SHOESOU CHAMBERSBURG PA POS PUR. 10/04 5358 WAL-SAMS SHIPPENSBURG PA ATM W/D. 10/05 M&T 1900 RITNER CARLISLE PA POS PUR. 10/05 5358 WAL-SAMS SHIPPENSBURG PA 08:52:59 103003907 1/25/07 25 Amount 800.00 70.00 9.00 29. 98 27.65 20.00 172.06 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 10/13/06 227 10/16/06 228 10/16/06 228 10/17/06 183 10/17/06 183 10/17/06 183 10/19/06 228 Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount ATM W/D. 10/13 M&T 1900 RITNER 20.00 CARLISLE PA POS PUR. 10/14 AUTO TRAKK LLC 85.00 5703291000 PA POS PUR. 10/14 RUTTER'S FARM S 20.00 SHIPPENSBURG PA MORTGAGE Countrywide 175.00 TEL CHILD PAY LOCKHEED MARTIN 70.00 PPD MORTGAGE Countrywide 5.00 TEL POS PUR. 10/17 RUTTER'S FARM S 20.00 SHIPPENSBURG PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 11/02/06 183 11/02/06 228 11/03/06 227 11/03/06 228 11/06/06 228 11/06/06 228 11/06/06 228 F3=Exit Deposit Inquiry 08:52:59 Account number: 103003901 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount MORTGAGE Countrywide 9.00 TEL POS PUR. 11/01 BROOKSIDE MARKS 8.91 WALNUT BOTTOM PA ATM W/D. 11/03 M&T 1900 RITNER 20.00 CARLISLE PA POS PUR. 11/02 37 CARLISLE ROA 6.55 NEWVILLE PA POS PUR. 11/02 AMOCO OIL 0 15.00 CARLISLE PA POS PUR. 11102 MGM PHARMACY IN 5.25 NEWVILLE PA POS PUR. 11/03 SHEETZ 0 5.16 CARLISLE PA More... F12=Previous F17=Top F18=Bottom 2/20/07 , David Wiley Last stmt balance: Current balance: Posted T/C 11/14/06 183 11/15/06 228 11/15/06 228 11/16/06 183 11/16/06 228 11/16/06 183 11/17/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description CHILD PAY LOCKHEED MARTIN PPD POS PUR. 11/14 100 SOUTH CONES SHIPPENSBURG PA POS-PUR. 11/13 TURKEY HILL #28 SHIPPENSBURG PA MORTGAGE Countrywide TEL POS PUR. 11/14 MGM PHARMACY IN NEWVILLE PA MORTGAGE Countrywide TEL POS PUR. 11/17 850 EAST HIGH S CARLISE PA 08:52:59 103003907 1/25/07 25 Amount 70. 00 168. 68 21. 38 200. 00 35. 96 5. 00 330. 13 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balan ce: Posted T/C 11/29/06 228 11/30/06 334 11/30/06 183 12/04/06 183 12/04/06 183 12/05/06 227 12/07/06 163 F3=Exit Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 11/28 AUTO TRAKK LLC 85 00 57032910 00 PA . Refund I ndividual O/D Fee 28.00 PAYMENT SCHOLASTIC 19.95 CHECK # 0545 MORTGAGE Countrywide 750 00 TEL . MORTGAGE Countrywide 9.00 TEL ATM W/D. 12/05 427 VILLAGE DR 20.00 CARLISLE PA PAYROLL MOFFITT 617.19 PPD More... F12=Previous F17=Top F18=Bottom 2/20/07 , David Wiley Last stmt balance: Current bala nce: Posted T/C 12/19/06 228 12/19/06 228 12/19/06 228 12/20/06 183 12/20/06 228 12/20/06 183 12/21/06 163 F3=Exit Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 12/16 RUTTER'S FARM S 37 00 SHIPPENSBURG PA . POS PUR. 12/18 37 CARLISLE ROA 9 09 NEWVILLE PA . POS PUR. 12/18 XM *ONLINE 7 99 XMRADIO.COM DC . MORTGAGE Countrywide 300 00 TEL . POS PUR. 12/20 37 CARLISLE ROA 18 34 NEWVILLE PA . MORTGAGE Countrywide 9 00 TEL . PAYROLL MOFFITT 617 19 PPD . More... F12=Previous F17=Top F18=Bottom 2/20/07, , David Wiley Last stmt balance: Current balan ce: Posted T/C 1/29/07 183 2/05/07 228 2/05/07 228 2/06/07 228 2/07/07 228 2/08/07 228 2/08/07 228 Deposit Inquiry 08:52:59 Account number: .103003907 315.85 - Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount MORTGAGE Coun trywide 1,505.56 WEB POS PUR. 02/03 KMART 0 187.58 SHIPPENSBURG PA POS PUR. 02/03 - SUNOCO SVC STAT 25.00 SHIPPENSBURG PA POS PUR. 02/06 850 EAST HIGH S 13.72 CARLISE PA POS PUR. 02/07 200 WALNUT BOTT 24.37 SHIPPENSBURG PA POS PUR. 02/07 SHEETZ 0 17.48 CARLISLE PA POS PUR. 02/08 37 CARLISLE ROA 7.06 NEWVILLE PA More... F3=Exit F12=Previous F17=Top F18=Bottom LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET - SUITE 101 CARLISLE. PENNSYLVANIA 17013 TELEPHONE (717) 245-2698 February 15, 2007 David Wiley 2258 Pme Road Newville, PA 17241 Dear Mr. Wiley: I have been retained to represent Mr. Harold Wiley through the FAX (717) 245-0829 Cumberland County Office of Aging. Mr. Wiley has instructed me to ask you to vacate the premises. If you don't, he has the right to go through the District Justice to have you evicted. He has requested that you leave the house immediately. Sincerely, SJHg >- -te hen J. Hog9,Esqu? P q Reprint - 2,/2042007, 8:39am E5-ISO DAVID WILEY 31 3 569 Y ROBIN K. WILEY 2258 PINE RD NE?'J1lILLE, PA 17241 U_?I? •? Oz_ 6?lrr AV L IOLL ir. ?/ ?r ; s ?L ??{ ? ? #??+ ?rw.v r ?*!^• w wtf??rF ?.r ? :..Z wr y r t ,,. r 24 I'th 1:0313 LS0361: 103 003907111 0569 1' Od 00 ? 500Ds+l {Y ?rs .ra•Y- r «i..?__??_:ei _ n ? gyn.-rw?- s .3_di__... ? _ _•riYy,IIF.• __s? • e..+N• "" -aal.. r?Y ., w_ w aI•Y - ..w• _ r .. ...2 0 8 1 5905595 02OC#07 031000040 FRB-PHILA ENT='l $7£3 TPC=1•a7D PIS=07 ? trrya?r•ar?aa±.,,re ? w;raZ;r ..?.+seta.>wa..+?.ti+c M W rr?sr•# =4rr ` r. ?• •? 1Mrw V ? ? j .lLalr • ySJ.CS.j Jl.,a •yp• 4LS•,)wL ?: Y`?T till Ley 6 ' 82 6 55 2 {'`73 - - ` Reprint - 2/20/2007, 8:42am DAVID WILEY ac13?33 5 5 4 ROBIN K. WILEY E 2258 PINE RD. r T NEMILLE. PA 17241 001- 1 %R1, - tiiiAj4to(,4t{t aii4141iifF-11-01 4 1 4F ?tI T URRSTUWN- 403 L3 L5036l: L03 003907N' 05514 toooo 704500010 CI& om-4 CD M>11 C) ;rc-.,#a t i ' j PI , ?R I M ? .t •w!~.r rr w?'?w?`M?°'dv .i? 1r '!f .L L- w i?.? w:''.w 1 .{.. ? ?z.? is ;:. ????... ? $i ?.+.;??'?:? ms• ?--? i! ,: ???c ??? ??`r"?1 {L???•??j`?cr?ti.? v ?..? .. ?? • 1'+..?''w.'????i ?"?r?i w"L?' ?r •..t 1++•?? ...??SmsD 4 0 0mO 2 -nv`I O R?33C w mZ -i Reprint - 2/20/2007, 8:42am DAVID WILEY F`'?; x`33 5 4 4 ROBIN K. WILEY 2258 PINE RD NE1.a ILLE, PA 17241 D.?Tt '120 * As?? t } T ;y? j i ?• Wt f'la •.a?T ?l • w.r s. ?? ? ? >L s4 ?. l?T y LT s_ Tw rt ?'??"rat yt lrt L t„?„1 Y11 ? : !.'tl ir?4 Wit} !t i? ?f; tF !1?'fr Il tl?'1? It'f??f????'? 1 ? raj{ +c ? aW ?,aw,J??.,ya??/, tw} w nMw r r N 05, O` YY1 1a ? _. • ttl t;?ty.11 ?.. .0313LE036: 103 00390?iia 0544 0loco 045000 ,?• . rrrwr...t...++_ rww+rr_-?_ ?_t _ w,st ++ +!CaN r+._' y z_ +w.. rw , I 11720C} 1t 0310031040 ERE--PHI EA EXT= 1924 TRC 1932 PK=07 x A55-E-0004-113< 11,16-065, t#+..T BAs ,V"f EAR'. T 111" Ka E"r. a w F A -S' T )7 " -4 --" t" * b 5,600.84Z32-253 BIOS U t 11 -J, --- V-mw 1_s Reprint - 2/20/2007, 8:43am DAVID WILEY ROBIN K. WIL.EY 2256 PINE RD z NEMILLE, PA 17241 f0-15033 527 313 10;:iF1,07 DATE ,,(? v r a ,??1'?.:11r?t?;?lq??t,?#??1M?1?1ki?,??`? ?.? ?? %?[ i???tMr '.. 3t"i 0 ?„,6506454523 09B 1 \?Y?-?y ?? v 1 ?1 l ?1 V ' y M, 1:0313 &50361: 103 00390?1 ii 052? ,'000001,500011, i - ?' ti??-'-..? ?^?= si/? ?.. -...Tdl ?.?y i r[?T?Y. r?Lr /??.k?yyy?r..r •_•--?'? t,?1L ?a/yw rM-?•?" -?! r ? f- f? ll ? i ?{ 4 b if-AW55A6 '770f -e -5 6?10 Z04:37358,654 r' ?i r Reprint - 2/20/2007, 8:44am DAVID WILEY ROBIN K. WILEY 2258 PINE RD NEMILLE, PA 17241 f PAN TO 5 1 11 ?, ,--. / ?/ j ,,.._ /yam / ? ?•s?' ???? "? i TTr ra['SIF+? llM..?? - ,?. ,, ?.r-ate' I)l L?..?I: t .._.. ' IL A I 4J i %' YI 'c?t3?rel?t? ?a t.. .. .J ..r s6 1 .. ORRSWWN RANK '' i !:0 3 L 3 L 50 3 61: 403 003c]07111 0 5 21 +1'0000 4 500001` ?V? ... real.. ?? R v! ??_rlr ??r ?_J.. '+?-?$?l\ r 9Vytt? r?? ?`rGSwR' _.Y? .t.?it?, ?I+? K'L[t?f rf Ir__r.- a_1.ts ??z ... ?? X1'1. T 0.9132006 M1 OCI'004 0 Fl > B-! 1 L J LA ENT=177J 'S`I'C J772 PK=07 J 60-t5.)33 3t3 Reprint - 2/20/-2007, 8:47am DAVID WILEY ROBIN K. WILEY 2258 PINE RD z NEMILLE, PA 17241 3 rAl Till Tffr_ OPICTR E-0313 33 514 1a3M37 f kficlirld %6 VN HANK ?F ;7 ,YJ 7 %A1 ? 1:0 3 L 3 150 361: 103 00 390 ?II' OS Lis 11`00000 5000 5 08172006 031000€ 4€? -- -?; PRE-PH ILA 1 91 7' ' `= RC=1194 =07 JS ?ti?? I • TJ • C.tL.j l 1W M? 0 1 Ii r h 04-t.0000, V s i ' V +r r. ? ? H X11 Reprint - 1/20/2007, 8:47am DAVID WILEY ROBIN K. WILEY 225E PINE RD. 63-15033 508 313 103003907 ' NEMILLE, PA 17241 DATE ?? d? R ER Fm - 7 $ /' {7111JG?f"G°l?' F all lcs ?D ooLLARs ORRSMwN BAN KAW01O.' • ??WrlCy f. Jis y MEMO - i:0 3 L 3 L 50 3 G1: 103 00 390 7114 0 508 111000 o 4 5000r' 072 82005 03 1 00004 0 FRB--PHI LA EXT= l i 26 'A`RC= I i 31 PK=07 61 4QF l.._ ? tr,, N - C im ?- .•,..? ' ?' ?", v . ? • r fir. t,7 3 y. } r..?- ?rlr co ? ! ? s o o o ?ti! i y . o ? } r? R . T ZJ? ' .. . fr S • . .Jji V V Al) Reprint - 2/20/2007, 8:48am lopwqwp9pm ' DAVID WILEY 60-1503 ""'? - 313 3 497 ROBIN K. WILEY 103003907 .- 2258 PINE RD. / NEMILLE, PA 17241 DATE _ PAY TO THE ORDER OP r ? Vii' W S lj?? t "? • // trim ?.. &v- LLARS ?......? OOOOOOAOOOOOOOOOONI -4 11 7*31-340001 506863054 O WN BANK f ?D / r 18103431 3 l: t03?00390?Hs 0497 000 0 4 50 5 L fill --Uop•- s = Y' i r -? ' f t1 r m ' f - 11+,pkT" '1AP PAS.. ?' T rilQ7 Z? J` ! w w. r e , 1 .433447. 01''1 j 7 685717 asn 1 ,a t '- - •M -_ ? t ?•1 ? /-_- .-? r_ . Safi Reprint - 2/20%2007, 8:49am DAVID WILEY £°315033 486 ROBIN K. WILEY 103003907 2256 PINE RD, y ? w NEMILLE, PA 17241 FATE G w PAY TO THE •1{D? ?! ORDER OP Ail- LLARS OOOOOOOOOOOOOOOOONI 431 340001 01143015 URR?W?N BANK r MEMO A+p 1:03 13 LSO 361: LO3 00390?ji' 048 ,x'000 OtiSO5 L<<' rr e.i r; osJ C-006. i s bM61 ML ><? Itm .. L mob ti 5 b-U,:! F*2-9 0 0 1.- S;600863590 6673 • ?? r? Reprint - 21/20/2007, 8:49am 60-15033 313 D ? o3?.?sc7? ? r O DAVID WILEY ROBIN K. WILEY 2258 PINE RD NEMILLE, PA 17241 PAY TOTHE l?fiC•LR OF r / r LOAM PHT v . 469 _j s 43173344401 #454,51 • U??v ?vK ? 1... fJ 07 I.0 3 3 50 3 6E. 103 00 3 90 ?li (1469 n.04 r 00 ??C???? 5X14` y 1 f ` i? ?r ry r `t Ar.1 rr ?? /V ?y { l _CD t . GGZ -ko l o ?M J V Man J 47 - • ? .??' ?r:?i Wit. •? a..Ar Reprint - 2/20/.2007, 8:50am DAVID WILEY ROBIN K. WILEY 2258 PINE RD NEMILLE, PA 17241 r P AY TO THE w ORDER OF UMSMWN MTVt-? 1:03L3l5o3ri: 103 60-1503,3 313-- 455 3i3 133003907 D'kTE DOLLARS 8 :;" 6625 03 007-042567 1457 0"1606 1 L. LOAN PMT 43173340001 $450.51 CHECK ; 00 3 90 711a 0 4 5 5 II' 0000 4 50 5 Lill a.ry 5 i w 04 330344 7 Ott r w Mr '?'y _ Z fn ? t - ? a ? i rvQ- ` A u +cs r = T'- R ?Z FA t i ' L1 I- r? Reprint - 3/20%2007, 8:51am DAVID WILEY ROBIN K. WILEY 2258 PINE RD NEMILLE, PA 17241 PAY TO THE W C1 ZIDER OF_ LARS 12 •Mft i ^?-' K - 1:03L3150361: L03 00 390 ?ii' 0442 11100 004 505 LIB` -s:> ms's w ra ? ? ?r? r u r L LT E N-V3 ,{j? }? i rj {? y ? w? 04-330:3447 j ?.? ma?yy,, ?7 , ieTi7•Sf fly •? y? 'I r. ? / j _ wi•r Y 60313033 442 103003907 rq ?f Oil c. ? rf1 F ? ? ' V.A M " 1 9 VERIFICATION ? L I verify that the statements made in the foregoing -Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. -3L) d/011 Date Date David Wiley Plaintiff Robin Wiley Plaintiff N C-D t W C? DO ??C David WILEY and Robin WILEY, Plaintiffs/Movants V. Harold F. WILEY Defendant/Respondant No. 07- //32-CIVIL TERM MOTION FOR PRELIMINARY INJUNCTION AND NOW come Plaintiffs, David and Robin Wiley, by and through their attorney, James M. Robinson, Esquire, and file this Motion for Preliminary Injunction. 1. Plaintiffs, David Wiley and Robin Wiley, are husband and wife, and reside at 2258 Pine Road, Newville, PA 17241. 2. Defendant Harold F. Wiley is the father of Plaintiff David Wiley, his last known address is 2258 Pine Road, Newville, PA 17241, and Plaintiffs believe he has relocated to an elder-care facility. 3. Defendant purchased the premises at 2258 Pine Road, Newville, Pa., in November of 2003. 4. Originally, the premises was to be deeded to Defendant and Plaintiffs jointly, but was changed at the insistence of the lender. 5. Defendant entered into an oral agreement with the Plaintiffs whereby Plaintiffs would make the regular monthly mortgage payments of approximately $702.00 and Defendant would later deed the property to Plaintiffs. 6. Plaintiffs supplied the down payment and settlement costs of approximately $7,000.00 for the purchase. 7. Defendant, at his own insistence, paid rent to the Plaintiffs in the amount of $600.00 per month. 8. Defendant resided with Plaintiffs on said property from November 2003 until IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW January 2007, during which time Plaintiffs provided for his care. 9. Plaintiffs have resided on the property and made the agreed-upon monthly mortgage payments from November 2003 to the present. (Exhibit 1, a bank statement printout, is attached and incorporated herein as if fully set forth.) 10. Defendant initially appointed Plaintiff David Wiley as his Power of Attorney. 11. In January 2007, Defendant left the Plaintiffs' home and it is believed by Plaintiffs that he relocated to an elder-care facility. 12. On February 7, 2007 Defendant revoked the Power of Attorney granted to Plaintiff David Wiley. 13. Subsequently, Peggy Nieves, of 109 North Baltimore Street, Mount Holly Springs, PA 17065, and Bernadine Wiley, of Columbus, Ohio (daughters of Defendant and sisters of Plaintiff David Wiley), began making decisions with or for the Defendant regarding the property in question. 14. According to Bernadine Wiley, Defendant granted her his Power of Attorney between the February 7 revocation and her first entry into the Plaintiffs' home on February 17, 2007. 15. Following her as-yet-unsubstantiated allegation that she had received Power of Attorney, Bernadine Wiley and Peggy Nieves (hereinafter, "Defendant's Agents"), with the Defendant's knowledge, then began machinations to remove the Plaintiffs from the property. 16. Plaintiffs were first informed of Defendant's resolve to evict them via a February 15, 2007 letter from Stephen J. Hogg, Esquire, counsel for Defendant. (Exhibit 2, Letter from Stephen J. Hogg, Esquire, is attached and incorporated herein as if fully set forth.) 17. Defendant's Agents and Constable Kevin M. Kelley entered the property on February 17, 2007, on the alleged authority of a court order issued to removed Defendant's belongings; however, this order was never shown to the Plaintiffs by Defendant's Agents or Constable Kelley. 18. On or about February 17 and February 25, 2007, merely two and ten days, respectively, following the date on the notice received from Attorney Hogg, Defendant's Agents essentially ransacked the Plaintiffs' home, emptying 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 12/27/05 228 12/29/05 228 1/03/06 228 1/04/06 183 1/04/06 183 1/05/06 163 1/09/06 228 Deposit Inquiry . 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 12/22 EXXONMOBIL18 0 20.00 SHIPPENS PA POS PUR. 12/27 AMOCO OIL 0 20.00 CARLISLE PA POS PUR. 12/29 SUNOCO SVC STAT 20.00 SHIPPENSBURG PA MORTGAGE Countrywide 702.00 TEL MORTGAGE Countrywide 9.00 TEL PAYROLL MOFFITT 513.74 PPD POS PUR. 01/08 100 SOUTH CONES 101.26 SHIPPENSBURG PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balan ce: Posted T/C 1/09/06 228 1/10/06 227 1/12/06 228 1/13/06 228 1/13/06 227 1/13/06 228 1/17/06 183 Deposit Inquiry 08:'2:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 01/06 INTELIUS-INTELI 14. 81 425-974-6100 WA ATM W/D. 01/10 77 E KING ST 275.00 SHIPPENSBURG PA POS PUR. 01/11 37 CARLISLE ROA 18.43 NEWVILLE PA POS PUR. 01/12 40 SHIPPENSBURG 70.64 SHIPPENSBURG PA ATM W/D. 01/12 RT 174 WALNUT B 70.00 SHIPPENSBURG PA POS PUR. 01/12 010070 SHEETZ 0 15.00 SHIPPENSBURG PA MORTGAGE Countrywide 200.00 TEL More... F3=Exit F12=Previous F17=Top F18=Bottom 2/2W07 , David Wiley Last stmt ba lance: Current bala nce: Posted T/C 1/17/06 228 1/17/06 183 1/19/06 163 1/19/06 228 1/20/06 228 1/20/06 228 1/23/06 228 F3=Exit Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 01/15 SUNOCO SVC ST AT 15 00 SHIPPENSBURG PA . MORTGAGE Countrywide 5 00 TEL . PAYROLL MOFFITT 636 15 PPD . POS PUR. 01/18 XM *ONLINE 3 99 XMRADIO.COM DC . POS PUR. 01/19 BIGMOPCOM 29 75 510-5022509 CA . POS PUR. 01/19 020263 SHEETZ 0 11 72 CARLISLE PA . POS PUR. 01/22 0195 SHEETZ 0 40 00 MECHANICSBURG PA . More... F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 1/23/06 228 1/24/06 183 1/25/06 183 1/25/06 183 1/25/06 183 1/25/06 183 1/27/06 183 Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Descr iption POS PUR. 01/19 770076 SHEETZ 0 Amount 25 00 CHAMBERSB URG PA . INST XFER PAYPAL 34 90 WEB . MORTGAGE Countrywide 700 00 TEL . MORTGAGE Countrywide 150 00 TEL . MORTGAGE Countrywide 9 00 TEL . MORTGAGE Countrywide 9 00 TEL . INST XFER PAYPAL 21 15 WEB . More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20707 Deposit Inquiry 08:52:59 David Wiley Account number: 103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current bala nce: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 1/31/06 228 POS PUR. 01/30 PPL ELECTRIC UT 184.00 800-342-5775 PA 1/31/06 228 POS PUR. 01/30 FEES 4.95 214-750-2700 TX 2/01/06 183 INST XFER PAYPAL 17.24 WEB 2/02/06 163 PAYROLL MOFFITT 617.20 PPD 2/02/06 183 NW INTREFT NATIONWIDE P&C 210.60 PPD 2/03/06 228 POS PUR. 02/02 TWIN MOUNTAIN F 83.44 SAN ANGELO TX 2/03/06 228 POS PUR. 02/01 SAYLORS 66.20 NEWVIULLE PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 2/23/06 228 2/24/06 228 2/27/06 228 2/27/06 228 2/27/06 228 3/02/06 163 3/02/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 02/23 850 EAST HIGH S CARLISE PA POS PUR. 02/23 100 SOUTH CONES SHIPPENSBURG PA POS PUR. 02/26 37 CARLISLE'ROA NEWVILLE PA POS PUR. 02/24 0070 SHEETZ 0 SHIPPENSBURG PA POS PUR. 02/25 020263 SHEETZ 0 CARLISLE PA PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL 08:52:59 103003907 1/25/07 25 Amount 19.52 111.36 37.55 20. 00 20. 00 322.09 706. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom. 2/20%07 ' David Wiley Last stmt balance: Current balan ce: Posted T/C 2/23/06 228 2/24/06 228 2/27/06 228 2/27/06 228 2/27/06 228 3/02/06 163 3/02/06 183 Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 02/23 850 EAST HIGH S 19.52 CARLISE PA POS PUR. 02/23 100 SOUTH CONES 111.36 SHIPPENSBURG PA POS PUR. 02/26 37 CARLISLE ROA 37.55 NEWVILLE PA POS PUR. 02/24 0070 SHEETZ 0 20.00 SHIPPENSBURG PA POS PUR. 02/25 020263 SHEETZ 0 20.00 CARLISLE PA PAYROLL MOFFITT 322.09 PPD MORTGAGE Countrywide 706.00 TEL More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 - David Wiley Deposit Inquiry 08:52:59 Account number: 103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current bala nce: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 3/02/06 228 POS PUR. 03/01 TRACTOR SUPPLY 38.97 CARLISLE PA 3/02/06 183 MORTGAGE Countrywide 9.00 TEL 3/03/06 228 POS PUR. 03/02 37 CARLISLE ROA 148.17 NEWVILLE PA 3/06/06 228 POS PUR. 03/02 FLOWERSHOPNETWO 54.99 870-2155444 AR 3/06/06 228 POS PUR. 03/03 WALNUT BOTTOM R 32.84 SHIPPENSBURG PA 3/06/06 228 POS PUR. 03/03 5358 WAL-SAMS 21.88 SHIPPENSBURG PA 3/07/06 228 POS PUR. 03/06 100 SOUTH CONES 49.07 SHIPPENSBURG PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 • David Wiley Deposit Inquiry 08:52:59 Account number: 103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current balance: 211.05 Statement cycle: 25 Posted 3/16/06 T/C 163 EFT Description Amount PAYROLL MOFFITT 322.08 PPD 3/16/06 183 MORTGAGE Countrywide 150.00 TEL 3/16/06 183 MORTGAGE Countrywide 5.00 TEL 3/17/06 228 POS PUR. 03/16 5358 WAL-SAMS 64.81 SHIPPENSBURG PA 3/17/06 228 POS PUR. 03/16 WALNUT BOTTOM R 42.36 SHIPPENSBURG PA 3/17/06 228 POS PUR. 03/17 1730 LINCON WAY 33.82 CHAMBERSBURG PA 3/17/06 228 POS PUR. 03/16 WALNUT BOTTOM R .03 SHIPPENSBURG PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balance: Posted T/C 3/24/06 228 3/27/06 228 3/27/06 228 3/27/06 228 3/28/06 228 3/30/06 163 4/04/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 03/22 AMOCO OIL 0 CARLISLE PA POS PUR. 03/24 PPL ELECTRIC UT 800-342-5775 PA POS-PUR. 03/23 SUNOCO SVC STAT SHIPPENSBURG PA POS PUR. 03/24 FEES 214-750-2700 TX POS PUR. 03/26 SUNOCO SVC STAT SHIPPENSBURG PA PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL 08:52:59 103003907 1/25/07 25 Amount 20 . 00 200.00 20. 01 4. 95 20. 00 322. 07 710.00 More... F3=Exit F12=Previous F17=Top F18=Bottom ' 0,1 0 David Wiley Last stmt balance: Current bala nce: Posted T/C 4/04/06 183 4/05/06 228 4/05/06 228 4/05/06 228 4/06/06 228 4/07/06 228 4/07/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description MORTGAGE Countrywide TEL POS PUR. 04/04 PPL ELECTRIC UT 800-342-5775 PA POS PUR. 04-/04 37 CARLISLE ROA NEWVILLE PA POS PUR. 04/04 FEES 214-750-2700 TX POS PUR. 04/06 37 CARLISLE ROA NEWVILLE PA POS PUR. 04/06 010263 SHEETZ 0 CARLISLE PA POS PUR. 04/05 SAYLORS NEWVIULLE PA 08:52:59 103003907 1/25/07 25 Amount 9.00 200. 00 17.10 4.95 16.35 21.56 15. 83 More... F3=Exit F12=Previous F17=Top F18=Bottom. 2/20%07 ' David Wiley Last stmt balance: Current balan ce: Posted T/C 4/10/06 228 4/10/06 228 4/11/06 228 4/11/06 228 4/13/06 163 4/18/06 183 4/18/06 183 Deposit Inquiry Account number: 315.85- Last st mt date: 211.05 Statement cycle: EFT Description POS PUR. 04/07 AMOCO OIL 0 CARLISLE PA POS PUR. 04/06 AMOCO OIL 0 CARLISLE PA POS PUR. 04/08 SUNOCO SVC STAT SHIPPENSBURG PA POS PUR. 04/09 CIC*Triple Adva 877-4816825 CA PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL 08:52:59 103003907 1/25/07 25 Amount 20.01 20. 00 20.03 12. 95 322. 09 150.00 5. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20707 Deposit Inquiry 08:52:59 David Wiley Account number: 103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current bala nce: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 4/26/06 228 POS PUR. 04/25 APPALACHIAN ORT 25.00 CARLISLE PA 4/27/06 163 PAYROLL MOFFITT 322.08 PPD 4/27/06 228 POS PUR. 04/25 PA-SCDU 95.00 MIDDLETOWN PA 4/28/06 227 ATM W/D. 04/28 RT 174 WALNUT B 20.00 SHIPPENSBURG PA 5/01/06 228 POS PUR. 04/28 0070 SHEETZ 0 30.00 SHIPPENSBURG PA 5/03/06 183 MORTGAGE Countrywide 702.00 TEL 5/03/06 228 POS PUR. 05/02 37 CARLISLE ROA 13.35 NEWVILLE PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 5/03/06 183 5/04/06 227 5/05/06 227 5/05/06 228 5/05/06 228 5/08/06 228 5/09/06 183 Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount MORTGAGE Countrywide 9.00 TEL ATM W/D. 05/04 427 VILLAGE DR 60.00 CARLISLE PA ATM W/D. 05/05 427 VILLAGE DR 30.00 CARLISLE PA POS PUR. 05/03 GRAHAM MEDICAL 25.00 NEWVILLE PA POS PUR. 05/04 37 CARLISLE ROA 21.09 NEWVILLE PA POS PUR. 05/05 0070 SHEETZ 0 30.00 SHIPPENSB URG PA INST XFER PAYPAL 69,98 WEB More... F3=Exit F12=Previous F17=Top F18=Bottom 2120/07 Deposit Inquiry 08:52:59 David Wiley Account number: 103003907 Last stmt balance: 315.85- Last stmt date: 1/25/07 Current bala nce: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 5/15/06 228 POS PUR. 05/12 AMOCO OIL 0 30.00 CARLISLE PA 5/15/06 228 POS PUR. 05/11 SAYLOR'S MARKET 25.01 NEWVILLE PA 5/15/06 228 POS PUR.'05/11 CIC*Triple Adva 12.95 877-4816825 CA 5/16/06 183 MORTGAGE Countrywide 150.00 TEL 5/16/06 183 MORTGAGE Countrywide 5.00 TEL 5/17/06 228 POS PUR. 05/16 37 CARLISLE ROA 44.97 NEWVILLE PA 5/18/06 228 POS PUR. 05/17 PA-SCDU 95.00 MIDDLETOWN PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20•/07 David Wiley Last stmt ba lance: Current balance: Posted T/C 5/31/06 163 6/05/06 183 6/05/06 183 6/08/06 163 6/08/06 228 6/08/06 228 6/12/06 228 Deposit Inquiry Account n umber: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description PAYROLL MOFFITT PPD MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL PAYROLL MOFFITT PPD POS PUR. 06/07 PPL ELECTRIC UT 800-342- 5775 PA POS PUR. 06/07 FEES 214-750- 2700 TX POS PUR. 06/08 AMOCO OIL 0 CARLISLE PA • 08:52:59 103003907 1/25/07 25 Amount 322.09 702. 00 9.00 322. 08 237. 00 4.95 25. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20%07 David Wiley Last stmt balance: Current bala nce: Posted T/C 6/12/06 228 6/16/06 183 6/16/06 228 6/16/06 183 6/19/06 228 6/19/06 228 6/22/06 163 F3=Exit Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last st mt date: 1/25/07 211.05 Stateme nt cycle: 25 EFT Description Amount POS PUR. 06/09 CIC*Triple Adva 12.95 877-4816825 CA MORTGAGE Countrywide 150.00 TEL POS PUR. 06/15 950 WALNUT BOTT 31.08 CARLISLE PA MORTGAGE Countrywide 5.00 TEL POS PUR. 06/16 SUNOCO SVC STAT 20.00 SHIPPENSBURG PA POS PUR. 06/18 XM *ONLINE 7.99 XMRADIO.COM DC PAYROLL MOFFITT 322.08 PPD More... F12=Previous F17=Top F18=Bottom 2/20/07 . David Wiley Last stmt balance: Current bala nce: Posted T/C 7/03/06 228 7/03/06 228 7/03/06 228 7/03/06 228 7/03/06 228 7/03/06 228 7/05/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 07/01 100 SOUTH CONES SHIPPENSBURG PA POS PUR. 06/30 IN THE SWIM-CAT 800-288-7946 IL POS PUR. 06/30 SHEETZ 0 CARLISLE PA POS PUR. 07/01 SUNOCO SVC STAT SHIPPENSBURG PA POS PUR. 06/30 SUNOCO SVC STAT SHIPPENSBURG PA POS PUR. 06/30 FEES 214-750-2700 TX MORTGAGE Countrywide TEL ' 08:52:59 103003907 1/25/07 25 Amount 192. 60 168. 98 27.21 26. 21 20.00 4. 95 702. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20'/07 • David Wiley Deposit Inquiry 08:52:59 Account number: 103003907 Last stmt ba lance: 315.85- Last stmt date: 1/25/07 Current balance: 211.05 Statement cycle: 25 Posted T/C EFT Description Amount 7/05/06 183 MORTGAGE Countrywide 9.00 TEL 7/06/06 163 PAYROLL MOFFITT 287.29 PPD 7/06/06 228 POS PUR. 07/05 100 SOUTH CONES 77.98 SHIPPENSBURG PA 7/06/06 183 INST XFER PAYPAL 31.00 WEB 7/06/06 183 INST XFER PAYPAL 21.50 WEB 7/07/06 228 POS PUR. 07/06 SHEETZ 0 26.51 CARLISLE PA 7/10/06 228 POS PUR. 07/07 2574 WAL-SAMS 175 10 CARLISLE PA . More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balance: Posted T/C 7/14/06 228 7/17/06 183 7/17/06 183 7/19/06 228 7/20/06 163 7/24/06 228 7/25/06 228 Deposit Inquiry Account n umber: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 07112 AMOCO OIL 0 CARLISLE PA MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL POS PUR. 07/18 XM *ONLINE XMRADIO.COM DC PAYROLL MOFFITT PPD POS PUR. 07/21 SHEETZ 0 CARLISLE PA POS PUR. 07/24 TWX*AOL SERVI CE 800-827-6364 NY 08:52:59 103003907 1/25/07 25 Amount 20.01 150. 00 5.00 7. 99 352. 99 20. 00 25. 90 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20•/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 7/31/06 228 8/02/06 183 8/02/06 228 8/02/06 228 8/02/06 228 8/02/06 183 8/03/06 163 Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description POS PUR. 07/28 FEES 214-750-2700 TX MORTGAGE Countrywide TEL POS PUR. 08/01 SHEETZ CARLISLE PA POS PUR. 07/31 AMOCO OIL CARLISLE PA POS PUR. 08/01 SHEETZ CARLISLE PA MORTGAGE Countrywide TEL PAYROLL MOFFITT PPD 0 0 0 Amount 4.95 750.00 20. 01 20.00 10. 00 9. 00 617. 19 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20!07 David Wiley Last stmt balance: Current balan ce: Posted T/C 8/16/06 183 8/16/06 228 8/16/06 183 8/17/06 163 8/17/06 228 8/17/06 228 8/18/06 228 F3=Exit Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount MORTGAGE Countrywide 170.00 TEL POS PUR. 08/14 AMOCO OIL 0 30.00 CARLISLE PA MORTGAGE Countrywide 5.00 TEL PAYROLL MOFFITT 564.82 PPD POS PUR. 08/17 1180 WALNUT BOT 59.76 CARLISLE PA POS PUR. 08/16 60 NOBLE BLVD 7.80 CARLISLE PA POS PUR. 08/17 60 NOBLE BLVD 63.36 CARLISLE PA More... F12=Previous F17=Top F18=Bottom 2/20ro7 David Wiley Last stmt balance: Current bala nce: Posted T/C 8/31/06 228 9/01/06 228 9/01/06 228 9/05/06 183 9/05/06 228 9/05/06 228 9/05/06 183 F3=Exit Deposit Inquiry 08:52:51-, Account number: 103003907 315.85- Last stmt dat=e: 1/25/07 211.05 Statement cycle: 25 EFT Description Amount POS PUR. 08/30 TRACTOR SUPPLY 32,89 CHANBERSBURG PA POS PUR. 09/01 1180 WALNUT BOT 74.54 CARLISLE PA POS PUR. 08/30 SAYLOR'S MARKET 20. 01 NEWVILLE PA MORTGAGE Countrywide 725.00 TEL POS PUR. 08/31 KWIK FILL 38.76 CARLISLE PA POS PUR. 09/01 SHEETZ 0 12.85 CARLISLE PA MORTGAGE Countrywide 9.00 TEL More.. F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 9/14/06 228 9/14/06 228 9/15/06 228 9/18/06 183 9/18/06 228 9/18/06 228 9/18/06 183 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 09/14 1180 WALNUT BOT CARLISLE PA POS PUR. 09/13 SHEETZ 0 CARLISLE PA POS PUR. 09/13 NEW GREAT WALL CARLISLE PA MORTGAGE Countrywide TEL POS PUR. 09/16 AUTO TRAKK LLC MONTOURSVILLE PA POS PUR. 09/14 AMOCO OIL 0 CARLISLE PA MORTGAGE Countrywide TEL 08:52:59 103003907 1/25/07 25 Amount 14.73 7 . 98 7.32 170. 00 85. 00 20. 01 5. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20707 David Wiley Last stmt balance: Current bala nce: Posted T/C 10/03/06 183 10/03/06 183 10/03/06 183 10/05/06 228 10/05/06 228 10/05/06 227 10/06/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description MORTGAGE Countrywide TEL CHILD PAY LOCKHEED MARTIN PPD MORTGAGE Countrywide TEL POS PUR. 10/04 PAYLESS SHOESOU CHAMBERSBURG PA POS PUR. 10/04 5358 WAL-SAMS SHIPPENSBURG PA ATM W/D. 10/05 M&T 1900 RITNER CARLISLE PA POS PUR. 10/05 5358 WAL-SAMS SHIPPENSBURG PA 08:52:59 103003907 1/25/07 25 Amount 800.00 70.00 9.00 29. 98 27 . 65 20.00 172.06 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current bala nce: Posted T/C 10/13/06 227 10/16/06 228 10/16/06 228 10/17/06 183 10/17/06 183 10/17/06 183 10/19/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description ATM W/D. 10/13 M&T 1900 RITNER CARLISLE PA POS PUR. 10/14 AUTO TRAKK LLC 5703291000 PA POS PUR. 10/14 RUTTER'S FARM S SHIPPENSBURG PA MORTGAGE Countrywide TEL CHILD PAY LOCKHEED MARTIN PPD MORTGAGE Countrywide TEL POS PUR. 10/17 RUTTER'S FARM S SHIPPENSBURG PA 08:52: 59 103003907 1/25/07 25 Amount 20.00 85.00 20.00 175.00 70.00 5.00 20. 00 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balance: Posted T/C 10/30/06 228 10/31/06 183 10/31/06 228 11/01/06 228 11/01/06 228 11/02/06 183 11/02/06 228 F3=Exit Deposit Inquiry 08:52:59 Account number: 103003907 315.85- Last stmt date: 1/25/07 211.05 Statement cycle: 25 EFT Description POS PUR. 10/27 NEW GREAT WALL Amount 5 80 CARLISLE PA . CHILD PAY LOCKHEED MARTIN 70 00 PPD . POS PUR. 10/28 RUTTER'S FARM S 30 00 SHIPPENSBURG PA . POS PUR. 10/31 100 SOUTH CONES 29 38 SHIPPENSBURG PA . POS PUR. 10/31 SHEETZ 0 15 10 CARLISLE PA . MORTGAGE Countrywide 800 00 TEL . POS PUR. 11/01 5358 WAL-SAMS 84 75 SHIPPENSBURG PA . More... F12=Previous F17=Top F18=Bottom. 2/20'07 David Wiley Last stmt balance: Current balance: Posted T/C 11/02/06 183 11/02/06 228 11/03/06 227 11/03/06 228 11/06/06 228 11/06/06 228 11/06/06 228 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description MORTGAGE Countrywide TEL POS PUR. 11/01 BROOKSIDE MARKE WALNUT BOTTOM PA ATM W/D. 11/03 M&T 1900 RITNER CARLISLE PA POS PUR. 11102 37 CARLISLE ROA NEWVILLE PA POS PUR. 11/02 AMOCO OIL 0 CARLISLE PA POS PUR. 11102 MGM PHARMACY IN NEWVILLE PA POS PUR. 11/03 SHEETZ 0 CARLISLE PA 08:52:59 10300390"1 1/25/07 25 Amount 9.00 8. 91 20. 00 6. 55 15.00 5.25 5.16 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20%07 David Wiley Deposit Inquiry Y I 08:52:59 Account number: 103003907 Last stmt balance: Current balance 315.85- Last stmt date: 1/25/07 : 211.05 Statement cycle: 25 Posted 11/14/06 T/C 183 EFT Description Amount CHILD PAY LOCKHEED MARTIN 70. 00 PPD 11/15/06 228 POS PUR. 11/14 100 SOUTH CONES 168.68 SHIPPENSBURG PA 11/15/06 228 POS-PUR. 11/13 TURKEY HILL #28 21 38 SHIPPENSBURG PA . 11/16/06 183 MORTGAGE Countrywide 200.00 TEL 11/16/06 228 POS PUR. 11/14 MGM PHARMACY IN 35.96 NEWVILLE PA 11/16/06 183 MORTGAGE Countrywide 5.00 TEL 11/17/06 228 POS PUR. 11/17 850 EAST HIGH S 330.13 CARLISE PA More... F3=Exit F12=Previous F17=Top F18=Bottom 2/207"07 r David Wiley Last stmt bal ance: Current balan ce: Posted T/C 11/29/06 228 11/30/06 334 11/30/06 183 12/04/06 183 12/04/06 183 12/05/06 227 12/07/06 163 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 11/28 AUTO TRAKK LLC 5703291000 PA Refund Individual 0/D Fee PAYMENT SCHOLASTIC CHECK # 0545 MORTGAGE Countrywide TEL MORTGAGE Countrywide TEL ATM W/D. 12/05 427 VILLAGE DR CARLISLE PA PAYROLL MOFFITT PPD i ? 08:52:59 103003907 1/25/07 25 Amount 85. 00 28. 00 19. 95 750. 00 9. 00 20. 00 617.19 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/207/07 David Wiley Last stmt bal ance: Current balan ce: Posted T/C 12/19/06 228 12/19/06 228 12/19/06 228 12/20/06 183 12/20/06 228 12/20/06 183 12/21/06 163 Deposit Inquiry Account number: 315.85- Last stmt date: 211.05 Statement cycle: EFT Description POS PUR. 12/16 RUTTER'S FARM S SHIPPENSBURG PA POS PUR. 12/18 37 CARLISLE ROA NEWVILLE PA POS PUR. 12/18 XM *ONLINE XMRADIO.COM DC MORTGAGE Countrywide TEL POS PUR. 12/20 37 CARLISLE ROA NEWVILLE PA MORTGAGE Countrywide TEL PAYROLL MOFFITT PPD 08:52: 59 103003907 1/25/07 25 Amount 37.00 9.09 7.99 300.00 18.34 9. 00 617.19 More... F3=Exit F12=Previous F17=Top F18=Bottom 2/20/07 David Wiley Last stmt balance: Current balance: Posted T/C 1/29/07 183 2/05/07 228 2/05/07 228 2/06/07 228 2/07/07 228 2/08/07 228 2/08/07 228 Deposit Inquiry • 08:52:5u Account number: 103003907 315.85 - Last stmt date: 1/25/07 211.05 Statemen t cycle: 25 EFT Description Amount MORTGAGE Coun trywide 1,505.56 WEB POS PUR. 02/03 KMART 0 187.58 SHIPPENSBURG PA POS PUR. 02/03 SUNOCO SVC STAT 25.00 SHIPPENSBURG PA POS PUR. 02/06 850 EAST HI GH S 13.72 CARLISE PA POS PUR. 02/07 200 WALNUT BOTT 24.37 SHIPPENSBURG PA POS PUR. 02/07 SHEETZ 0 17.48 CARLISLE PA POS PUR. 02/08 37 CARLISLE ROA 7.06 NEWVILLE PA More... F3=Exit F12=Previous F17=Top F18=Bottom ? M V 0 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET - SUITE 101 CARLISLE. PENNSYLVANIA 17013 TELEPHONE (717) 245-2698 February 15, 2007 David Wiley 2258 Fine Road Newville, PA 17241 Dear Mr. Wiley: I have been retained to represent Mr. Harold Wiley through the Cumberland County Office of Aging. Mr. Wiley has instructed me to ask you to vacate the premises. If you don't, he has the right to go through the District Justice to have you evicted. He has requested that you leave the house immediately. Sincerely, SJf H ?--). A Atephen J. Ho 9?9?, ?sq FAX (717) 245-0829 i CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Motion for Preliminary Injunction on Harold F. Wiley, by providing the same to the Sheriff of Cumberland County, on the t' k5-1- day of March, 2007, for personal service. TURO LAW OFFICES r "-K+ P-V Jam M. Robins n, Esquire 28 th Pitt Str et Carli e, PA 170 3 (717) 245-9688; FAX 717.245.2165 ns 7. y co David Wiley and Robin Wiley, Piaintiffs/Movants v. Harold F. Wiley Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW No. 07-1132 CIVIL TERM DEFENDANT'S ANSWER & COUNTERCLAIM TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND NOW comes Defendant, Harold F. Wiley, by and through his attorney, Leslie Tomeo, Esquire, and files this Answer and Counterclaim to Plaintiff's Motion for Preliminary Injunction. 1. 2. Denied. Since plaintiffs left the 2258 Pine Road property, defendant avers they have relocated to 10 Creek Road, Newville, Pennsylvania, 17241. Admitted in part and denied in part. Defendant admits that his previous address was 2258 Pine Road; however defendant has relocated to 109 North Baltimore Street, Mount Holly Springs, PA 17065. 3. Admitted. 4. 5. 6. 7. Denied. Strict proof of the same is demanded at trial. Denied. Strict proof of the same is demanded at trial. Denied. Strict proof of the same is demanded at trial. Denied. Although defendant did pay $600 per month this was not a rental payment but was to be applied to the mortgage and was done because plaintiffs would not or could not pay the mortgage. 8. Admitted in part and denied in part. Defendant admits that he resided with plaintiffs 1 during the stated times; however defendant denies that plaintiffs acted as caretakers during that period. Defendant at one point was removed from the residence by the Office of Aging due to lack of requisite medical care and the disarray of the property. 9. Denied. Plaintiffs have not made the monthly mortgage payments from November 2003 to the present and due to the fact that the mortgage was constantly in a state of default. 10. Denied. Strict proof of the same is demanded at trial. 11. Admitted in part denied in part. Defendant admits that he left the property; however this was not on his own accord since he was removed from the residence by the Office of Aging. 12. Denied. Strict proof of the same is demanded at trial. 13. Denied. Strict proof of the same is demanded at trial. 14. Denied. Strict proof of the same is demanded at trial. 15. Denied. Strict proof of the same is demanded at trial. 16. Denied. Strict proof of the same is demanded at trial. 17. Denied. Strict proof of the same is demanded at trial. 18. Denied. Strict proof of the same is demanded at trial. 19. Denied. Strict proof of the same is demanded at trial. 20. Denied. Strict proof of the same is demanded at trial. 21. Denied. Strict proof of the same is demanded at trial. 22. Denied. Strict proof of the same is demanded at trial. 23. Denied. Strict proof of the same is demanded at trial. 24. Denied. Strict proof of the same is demanded at trial. 25. Denied. Strict proof of the same is demanded at trial. 26. Denied. Paragraph 26 is a conclusion of law to which no response need be made. If a response is deemed necessary by the Court, defendant denies that Plaintiffs are absolutely entitled to the lawful procedures provided by the Landlord Tenant Act. 27. Denied. Strict proof of the same is demanded at trial. 28. Denied. Strict proof of the same is demanded at trial. 29. Denied. Strict proof of the same is demanded at trial. COUNTERCLAIM COUNT I - TRESPASS 30. Defendant incorporates paragraphs 1 through 29 as set forth in the Answer. 31. Plaintiffs, David K. Wiley and Robin Wiley, are individuals residing at 10 Creek Road, Newville, Pennsylvania. 32. Defendant, Harold F. Wiley, is an individual residing at 109 North Baltimore Street, Mount Holly Springs, Pennsylvania. 33. Defendant is the owner and sole title holder of the premises described as 2258 Pine Road, Newville, Pennsylvania. A true and correct copy of the deed is attached as Exhibit "A." 34. Defendant requested and communicated the same to plaintiffs that they leave the property. 35. Defendant, being the owner and sole title holder of the premises, has the authority to request that certain individuals leave his property. 36. To date, plaintiffs have not honored this request and continue to return to the property, on multiple occasions, only to break the door locks on the residence and defile the property. 37. Defendant has made phone calls to the State Police to report such conduct only to be told that this was a civil, family matter that needed to be handled through the court system. WHEREFORE, defendant requests that damages be awarded in an amount to be determined at a later time and plaintiffs be excluded from the property in question. COUNT II - IN THE ALTERNATIVE: ACTION IN EJECTMENT 38. Defendant incorporates paragraphs 30 through 37 as set forth in Count I. 39. Defendant makes this claim in the alternative, in the event the Court finds plaintiffs are not trespassers. 40. Plaintiffs had been in possession of the Pine Road property for approximately a three (3) year period when defendant requested that plaintiffs vacate the premises. 41. Plaintiffs did vacate the property, however, to date, are still returning to the property on a regular basis and defiling the property by breaking the front door jam, turning off the circuit breakers, taking all the light bulbs from the house, posting offensive signs on and throughout the house, shutting off the power and heat and stranding animals in the residence without food or water. 42. Defendant has assumed costs in regard to the mortgage and general upkeep of the property including any and all damages caused by the plaintiffs. 43. Defendant is incapable of residing in the property by himself due to his age and medical conditions, however he is obligated to pay the mortgage on the property which is currently exceeding more than one half of his retirement income. 44. Due to the fact that no one is currently residing in the home, Defendant would expect to sell the property as soon as Plaintiffs cease to interfere with defendant's possession. 45. Despite the termination of plaintiffs' possession of the property, plaintiffs have failed and refused to vacate and surrender possession of the property to defendant, whom is entitled to immediate possession. WHEREFORE, defendant requests that he be granted exclusive possession of the property at issue. COUNT III - EQUITABLE RELIEF 46. Defendant incorporates paragraphs 38 through 45 as set forth in Count II. 47. Although defendant will receive some relief from the above mentioned action, the requested relief is not adequate in this situation due to the exigent circumstances at hand including but not limited to: a. The ejectment action is not an adequate remedy at law because it does not address defendant's immediate, serious grievances; b. If immediate action is not taken plaintiffs' actions will cause defendant to deplete his retirement funds; C.. Plaintiffs are not without their own residence, yet refuse to cease entering defendant's property; d. Plaintiffs are forcibly and effectively causing defendant to pay the mortgage for an uninhabited residence; e. Plaintiffs are judgment proof; f. Plaintiffs maintain a surreptitious attitude in regard to this situation and are causing defendant to forego sale of the property; g. Plaintiffs have created and taken charge of defendant's accounts utilizing online tools and refuse to allow defendant access to his own accounts and any information concerning them; WHEREFORE, defendant requests that this Court enter judgment in favor of the defendant and against plaintiffs for possession of the premises here described: 2258 Pine Road, Newville, Pennsylvania. Dated: 3l1 d?- RESPECTFULLY SUBMITTED: ROA41NGER LAW OHFICE sl A. Tomeo, E quire 1 South Hanover treet Carlisle, PA 1701P (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant David Wiley and Robin Wiley, Plaintiffs/Movants V. Harold F. Wiley Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW No. 07-1132 CIVIL TERM ATTORNEY VERIFICATION I, Leslie A. Tomeo, Esquire, states that she is the attorney for, Defendant in this action; that she makes this affidavit as attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 9 9 0 Attorney for Defendant David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Movants V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant/ Respondent CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant do hereby certify that I this day mailed a copy of the within Defendant's Answer & Counterclaim to Plaintiff's Preliminary Objections upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, Pa 17013 Dated: 3 sl' A. Tome, Esquire 1 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant (tic, P. •:lEu"iron .1"*`- ?0 ? J;tt cl% JF DEEDS COUNTY_ ?.. "Ju 19 flm 9 40 c% cS? , QAADE the /i( 72Y day of November in the year two thousand three (2003). Between PENNSYLVANIA STATE BANK. A Pennsylvania Corporation of Camp Hill, Cumberland County, Pennsylvania, GRANTOR and Party of the First Part a 11 d HAROLD F. WILEY, single man, of Shippensburg, Cumberland County, Pennsylvania, GRANTEE and Party of the Second Part, Witnesseth, that in consideration of One Hundred Ten Thousand ($110,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee: ALL THAT CERTAIN tract of land known as Lot Number 1, Situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Larry V. Neidlinger, Registered Surveyor, dated August 2, 1976, as follows: BEGINNING at an iron pin on the Southern right-of-way of LR21008 (Pine Road) being the Northeast corner of Lot No. 1; thence along the land of Mrs. R. Stanley Witmer, now or formerly; South Nine (09) degrees forty (40) minutes West four hundred twenty-one and fifty-six one- hundredths (421.56) feet to an iron pin; thence along the property now or formerly of Mark E. Killian North eighty-seven (87) degrees twenty-three (23) minutes thirty-two (32) seconds West one hundred thirty-two and forty-four one-hundredths (132.44) feet to an iron pin; thence along Lot No. 2 North nine (09) degrees twelve (12) minutes one (01) second East four hundred thirty-six and seventy-five one-hundredths (436.75) feet to an iron pin; thence along the Southern right-of-way of LR 21008 South eighty (80) degrees forty-seven (47) minutes fifty-nine (59) seconds East one hundred thirty- five (135) feet to the place of BEGINNING. aoox 260 FAcE2063 Exhibit 11p,"11 CONTAINING 1.313 acres and being Lot No. 1, according to a Sub-division Plan by Larry V. Neidlinger, P.E., dated August 12, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 29 at Page 108. BEING TAX MAP number 31-11-0302, Parcel number 016, and also being known and numbered as 228 Pine Road, Newville, Pennsylvania 17241. BEING the same premises which R. Thomas Kline, Sheriff of the County of Cumberland in the Commonwealth of Pennsylvania, by his Deed dated the 14"' day of July, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on the 31` day of July, 2003, granted and conveyed unto Pennsylvania State Bank under Real Estate Sale No. 60, Writ of Execution No. 2003-143 in the County of Cumberland, Commonwealth of Pennsylvania, said Pennsylvania State Bank being Grantor herein. AND the said Grantor Will Warrant Specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantor has caused its agent to hereunto set his hand and seal the day and year first above written. PENNSYLVANIA STATE BANK Cumberland County Recorder of Deeds By. Instrument Fil ina Title: Garpipto 4AQ85 ATTEST: r : wY ? lr w' :e •'R 'Assistant Secretary Instr# 2003-063801 Remarks; SALZNANN ` { DEED t DEED - #RIT DEED - RTT STATE BIG SPRING PENT! TWHIP DEED - A/H I HEREBY CERTIFY that the precise residence of the Grantee C.S. A A.T.J. 0 !WRMENT FND HAROLD F. WILEY REC. IMPMT FUND -As 2Z?8 PiAe P0440 tleck# 3453 Clw-k# 3445 PA7 otal Received....... Newv lLc, Pa 1-7 zy L? Attorney for Grantee 44 In e- G "i., Boar, 260 PACE2064 4 r WeA*.Q, Sh Arv.0 11/1!2003 9?•»':j?r 11 :. ,50 31.1: $21? 2 `?'amnrnrau?.tc? a??"enna?ivairux. .sj. On this, the J"i' N day of November, 2003, before me, a Notary Public in and for said Commonwealth and County, the undersigned officer, pens Sally appeared A - ('1 tn, AW Ot , in hisAte? capacity as 19Qhi6 r V %Ce (-{es' -6e"+ of Pennsylvania State Bank, known to me (or proven to be) the person whose name is subscribed to the within instrument, and acknowledged that he/or executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. My Commission Expires: ?1 ?JQc Notary Public 14amw SW ! gi*w s@pL ak2M Commonwealth of Pennsylvania County of Cumberland :SS. 0dAd 4 2 y.. W at!.. RECORDED in the Office for Recording of Deeds, etc., in and for said County, in Deed Book , Page WITNESS my hand and official seal thil CCrtily tld4 bo be recd .! d , 2003. ill Cumberland Couitty Pik Aecord'& f Deeds of Ise cc',; F:\USI'.I2\L30NNIF..101PS[3\DEEDtilwiley.wpd:IONovO3 000 260 PACE2065 C7 am {y r-n ' " 'fir David Wiley and Robin Wiley, Plaintiffs/Movants V. Harold F. Wiley Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION- LAW : No. 07-1132 CIVIL TERM DEFENDANT'S MOTION FOR PRELIMINARY INJUNCTION Defendant, by his attorney, Leslie Tomeo, moves this court for a preliminary injunction enjoining the plaintiffs, David K. Wiley and Robin Wiley, and all persons in active concert with them, pending a final hearing and determination of this action, from interfering with defendant's exclusive possession of 2258 Pine Road, Newville, Pennsylvania, and in support of the motion avers as follows: 1. Unless plaintiffs are effectively enjoined and restrained from their illegal and improper conduct, as described with particularity in the verified complaint attached to this motion, defendant will suffer immediate, substantial, and irreparable harm in the following respects: a) Defendant will suffer substantial monetary loss in regard to the damage to his property, the nonsale of the property, plaintiffs creating online accounts concerning defendant's personal affairs and bills and not allowing access to defendant, and the continuation of a mortgage payment which is steadily depleting his income; b) Defendant will suffer impairment of his investment of time and energy in trying to sell the property in that he cannot show the property due to plaintiffs constant interference with the property and the surrounding land and substantial damages created and sustained by the plaintiffs; 2. Plaintiffs will be unjustly enriched as a result of their unlawful acts due to the fact that they will be allowed to continue with their unlawful behavior with no repercussions legally or financially. 3. The issuance of a preliminary injunction is reasonably suited to abate the plaintiffs' wrongful acts. 4. The issuance of the preliminary injunction will not cause undue inconvenience or loss to the plaintiffs but will prevent irreparable injury to defendant. 5. Defendant has no adequate remedy at law to redress the harm and injury that will be caused by plaintiffs' unlawful and unauthorized actions. 6. Defendant is likely to succeed in proving at trial that plaintiffs' activities are actionable and enjoinable. WHEREFORE, defendant requests that this court enter an order enjoining plaintiffs and all other persons acting in concert with them from: 1)Entering the residence located at 2258 Pine Road, Newville, Pennsylvania; 2) Interfering or entering the abovementioned property to harass or molest the defendant or his possessions in any manner; 3)Interfering with the sale of the abovementioned property. Dated: 311101-- RESPECTFULLY SUBMITTED: ROMINGER LAW OFFICE Lesft6A. Tomeo, Ef quire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant ARGUMENT I. DEFENDANT CAN MAKE THE REQUISITE SHOWING FOR ISSUANCE OF A PRELIMINARY INJUNCTION The Supreme Court of Pennsylvania has established three prerequisites for the issuance of a preliminary injunction: "that it is necessary to prevent immediate and irreparable harm which could not be compensated by damages; that greater injury would result by refusing it than by granting it; and that it properly restores the parties to their status as it existed immediately prior to the alleged wrongful conduct. O'Brien v Jacob Engle Foundation, Inc., 47 Pa. D. & C. 3d 557. In addition to the aforementioned a party must be able to prove that there is a clear right to the relief sought by a showing of reasonable probability of eventual success in litigation and that immediate and irreparable injury will result if the injunction is not granted. Id. at 558; citing Albee Homes Inc v Caddie Homes Inc.. 417 Pa. 177, 181, 210 A.2d 768, 770 (1965). A. DEFENDANT HAS SHOWN A REASONABLE PROBABILITY OF EVENTUAL SUCCESS IN THIS LITIGATION Defendant, Harold Wiley, is the owner and sole title holder of the property at issue. Abandonment of property is defined as that ... "to which an owner has voluntarily relinquished all right, title, claim and possession with the intention of terminating his ownership, but without vesting it in any other person and with the intention of not reclaiming further possession or resuming ownership, possession or enjoyment." Commonwealth v. Wetmore, 301 Pa. Super. 370, 447 A.2d 1012 (1982). "Abandonment involves an intention to abandon, together with an act or omission to act by which such intention is apparently carried into effect. In determining whether one has abandoned his property or rights, the intention is the first and paramount object of inquiry, for there can be no abandonment without the intention to abandon." Id. at 373; citing Black's Law Dictionary, West Publishing Co., Fifth Edition, p. 2 (1979). Plaintiffs voluntarily left the property and obtained their own residence following a request made by the defendant. Defendant expressed his desire to sell the property as he was no longer in adequate health to live in the residence. Plaintiffs then moved to 10 Creek Road, Newville, thereby effectuating the abandonment of the property. Presumably had they intended on returning to the property they would not have obtained a new residence. Therefore, plaintiffs intended on abandoning the property based on their statement to the constable at the time the request was first made for them to vacate the property and such intention was carried into effect by plaintiffs' act of actually obtaining a new residence. Furthermore, "when deciding whether an object has been abandoned, we must consider the nature of the property, the acts and conduct of the parties in relation thereto and the other surrounding circumstances." Id.; citing Gilberton Contracting Co. v. Hook, 255 F.Supp. 687 (E.D.Pa.190 In the instant case, considering the situation as a whole, the nature of the property is important due to the fact that the abandonment of something as vast as house would be fairly noticeable in comparison with some other small items of personal property. The acts and conduct of the parties are such that defendant made a request and plaintiffs begrudgingly obeyed that request. If plaintiffs felt they were entitled to remain in the residence they should have pursued legal action to do so. However, arguably, they felt that abandoning the property was in everyone's best interest and did so thereby effectuating the loss of possession of the. property on their behalf. Furthermore, they advertised the abandonment of the property by changing their mailing address to 10 Creek Road, Newville, Pennsylvania. "Although equity will not restrain by injunction the commission of mere ordinary or naked trespasses, it will enjoin continuing or continued trespasses. A court of equity possesses jurisdiction to enjoin repeated trespasses on land." McBurnie v. Grohol, 55 Pa. D. & C.2d 146 (1972). In returning to the property on multiple occasions, defiling the property by breaking the front door jam, turning off the circuit breakers, taking all the light bulbs from the house, posting offensive signs on and throughout the house, shutting off the power and heat and stranding animals in the residence without food or water plaintiffs have and continue to perpetuate a series of continuing trespasses due to the nature and surrounding circumstances of the case at hand. Therefore, an injunction is more than an appropriate remedy for the facts as they stand. Finally, for all the previously mentioned reasons defendant clearly has a reasonable probability for success in his action for trespass, or, in the alternative, ejectment. B. THE GRANT OF A PRELIMINARY INJUNCTION WILL RESTORE THE PARTIES TO THEIR PRIOR STATUS. The grant of a preliminary injunction will restore the parties to their prior status. As stated previously, an injunction is more than appropriate in a situation where there were or continues to be a series of continuing trespasses. By preventing the plaintiffs access to the property no further damage can be perpetuated. Also, defendant may return to his prior status as primary owner and sole title holder to the property. III. CONCLUSION For all the foregoing reasons, this Honorable court should issue a preliminary injunction enjoining the plaintiff and any other individuals acting in concert with them from: 1) interfering with defendant's possession of the residence at 2258 Pine Road, Newville, Pa.; 2) interfering or entering the above mentioned property to harass or molest the defendant or any of his possessions in any manner; 3) interfering with the sale of the abovementioned property. David Wiley and Robin Wiley, Plaintiffs/Movants V. Harold F. Wiley Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW No. 07-1132 CIVIL TERM ATTORNEY VERIFICATION I, Leslie A. Tomeo, Esquire, states that she is the attorney for, Defendant in this action; that she makes this affidavit as attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Ce-slie A. To eo, Esquire Attorney for Defendant David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Movants V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant/ Respondent CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant do hereby certify that I this day mailed a copy of the within Defendant's Answer & Counterclaim to Plaintiff s Preliminary Objections upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, Pa 17013 Dated: 4 -7- Leslie A. Tome Esquire 155 South Hano er Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant d J try ? t.0 - -9 tv DAVID WILEY and IN THE COURT OF COMMON PLEAS OF ROBIN WILEY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. NO. 07-1132 CIVIL HAROLD F. WILEY DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 7`h day of March, 2007, upon consideration of the Motion for Preliminary Injunction filed by Plaintiffs, IT IS HEREBY ORDERD AND DIRECTED that a status conference shall be held with counsel on Tuesday, March 13, 2007 at 8:15 a.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. mes M. Robinson, Esquire Attorney for Plaintiffs arl Rominger, Esquire J Attorney for Defendant By the Court, . '\?\ -A, ?-" M. L. Ebert, Jr., J. yYl ytll y tM I' ?k'ai?? aI :!I ?'Ij 0- VV LOU nL? f DAVID WILEY and IN THE COURT OF COMMON PLEAS OF ROBIN WILEY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. NO. 07-1132 CIVIL HAROLD F. WILEY DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 13th day of March, 2007, upon consideration of the Plaintiff's Motion for Preliminary Injunction, the Defendant's Answer and Counterclaim thereto and the Defendant's Motion for Preliminary Injunction and after conference with Counsel, IT IS HEREBY ORDERED AND DIRECTED that pending further order of court no property will be removed by either party from the residence at 2258 Pine Road, Newville, PA 17241. All personal property remaining within the stated residence shall be preserved, remain undamaged and maintained in good order; IT IS FURTHER ORDERED AND DIRECTED that the parties in this case file a pre-hearing memorandum with the Court on or before Friday, June 29, 2007 in the following format: 1. A concise statement of factual issues to be decided at a hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III, A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. V. A hearing in this matter shall be held in Courtroom No. 5 of the Cumberland County Courthouse on Monday, July 9, 2007 at 9:00 a.m. By the Court, . N--? ?Av M. L. Ebert, Jr., J. .,e.6es M. Robinson, Esquire Attorney for Plaintiffs slie Tomeo, Esquire J Attorney for Defendant bas C t 1 r (`i?, ? I fi t OC .6 ti'l ? 6 LOOZ David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant MOTION FOR CONTEMPT AND NOW, comes Harold F. Wiley, by and through his attorney, Leslie Tomeo, Esquire, of Rominger & Associates and avers as follows: 1. A Motion for Preliminary Injunction was filed by Respondents in this case on March 5, 2007. 2. Petitioner filed an Answer and Counterclaim to Respondents' Motion and a Motion for Preliminary Injunction on March 9, 2007. 3. Undersigned counsel and counsel for Plaintiffs, James Robinson, were notified that a status conference would be held in chambers on March 13, 2007. 4. The Court entered an Order on March 13, 2007, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 5. The Order specifically ordered and directed that pending further order of court no property would be removed by either party from the residence at 2258 Pine Road, Newville, PA 17241. 6. Respondents have violated the terms of said Order in that: a. Respondents did return to the residence and removed the following property: i. camper ii. army footlocker iii. bedroom suite iv. cedar chest v. tools vi. family heirlooms, i.e. homemade quilts 7. Mr. Wiley has been forced to incur counsel fees at the rate $175 per hour for the preparation and filing of this Petition and for future representation at any further hearing. 8. Respondents should be held responsible for reasonable attorney fees in the filing of this Petition given the fact that they have no basis to continue to remove property from the residence and refuse to abide by the Court Order. 9. Insomuch as the Court is not inclined to grant a contempt motion, the Court nonetheless should compel the Respondents to return any property taken from the residence to date following the entry of the Court Order. WHEREFORE, Petitioner respectfully requests that the Court find the Respondents in contempt and award attorney's fees and direct return of any property taken from the residence to date following the entry of the Court Order. Dated: .5/a 9I0-7 -- RESPECTFULLY SUBMITTED, ROMINGER & ASSOCIATES Leslie A. Tomeo, quire 155 South Hanov Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Movants V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant/ Respondent VERIFICATION LESLIE A. TOMEO, ESQUIRE, states that she is the attorney for, Harold F. Wiley in this action; that she makes this affidavit as attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: '5 RS o Leslie A. Tome Esquire Attorney for De endant David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant do hereby certify that I this day mailed a copy of the within Motion for Contempt upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, Pa 17013 Dated: 3 ?? 6 Lem A. Tomeo, squire 155 South Hanov r Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant X51 '.,? DAVID WILEY and IN THE COURT OF COMMON PLEAS OF ROBIN WILEY, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. NO. 07-1132 CIVIL HAROLD F. WILEY DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 13'' day of March, 2007, upon consideration of the Plaintiffs Motion for Preliminary Injunction, the Defendant's Answer and Counterclaim thereto and the Defendant's Motion for Preliminary Injunction and after conference with Counsel, IT IS HEREBY ORDERED AND DIRECTED that pending further order of court no property will be removed by either party from the residence at 2258 Pine Road, Newville, PA 17241. All personal property remaining within the stated residence shall be preserved, remain undamaged and maintained in good order; IT IS FURTHER ORDERED AND DIRECTED that the parties in this case file a pre-hearing memorandum with the Court on or before Friday, June 29, 2007 in the following format: 1. A concise statement of factual issues to be decided at a hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. FXhibit "A" V. A hearing in this matter shall be held in Courtroom No. 5 of the Cumberland County Courthouse on Monday, July 9, 2007 at 9:00 a.m. By the Court, M. L. Ebert, Jr., ( J. James M. Robinson, Esquire Attorney for Plaintiffs Leslie Tomeo, Esquire Attorney for Defendant bas c ' Q C- .a "C1 ?t ti! cap ('?,1} ' 7- C?3 David Wiley and Robin Wiley, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION- LAW Harold F. Wiley Defendant : No. 07-1132 CIVIL TERM Honorable Judge Ebert DEFENDANT'S EMERGENCY PETITION FOR INJUNCTIVE RELIEF AND NOW comes Defendant, Harold F. Wiley, by and through his attorney, Leslie Tomeo, Esquire, and files this Emergency Petition for Injunctive Relief. Plaintiffs filed a petition seeking a preliminary injunction on March 5, 2007. 2 3. 4. 5. 5 6. Defendant filed a petition seeking a preliminary injunction on March 9, 2007. Defendant herein incorporates by reference all facts and allegations stated in Defendant's petition for preliminary injunction. The Court entered an Order on March 13, 2007, stating that both of the parties' petitions were denied, however no party was to remove any property from the residence pending further hearing on the matter. Defendant now seeks emergency relief due to the original order not being sufficient to protect the residence against waste. Since the entry said Court Order, certain property has been removed including but not limited to: tools, army footlocker, quilts, bedroom suite and camper. Undersigned counsel filed a Motion for Contempt on March 28, 2007, seeking the return of the abovementioned property which was taken following the entry of the Court's Order. 7. Following the filing of the Motion for Contempt, undersigned counsel has been advised that massive destruction has taken place at the residence which includes but is not limited to: • Chemicals spilled on carpeting in three bedrooms and hard wood flooring; • Broken ceiling light fixtures in two bedrooms and dining room; Toilet in back bedroom was crushed thereby causing leakage into the bathroom, one of the bedrooms and basement; 0 Flooded basement due to running water from destroyed toilet; • Paneled walls in basement were water logged; • Heat was turned up to 85 degrees; • Gas heater and tanks were removed from the residence; • Broken bathtub faucet; • Broken plastic pipes and connector to dishwasher; • Medium sized hole in wall; • Pots and pans removed from residence; • Fire extinguisher from kitchen was removed from residence; • Medicine cabinet in bathroom pulled from wall; • Damaged blinds in bedroom; Electric baseboard heater pulled from living room wall; 0 Screen missing from bedroom window; 8. Trooper Bence of the Pennsylvania State Police was called after Defendant discovered the destruction of the residence and has made a report. 9. At the time of the filing of this petition, undersigned counsel was unable to contact Trooper Bence to receive any further information. 10. Mr. Wiley has been forced to incur counsel fees at the rate $175 per hour for the preparation and filing of this Petition and for future representation at any further hearing. 11. Respondents should be held responsible for reasonable attorney fees in the filing of this Petition given the fact that they have no basis to continue to remove property from the residence, destroy property in the residence and refuse to abide by the Court Order. WHEREFORE, Defendant seeks emergency relief barring Plaintiffs from the residence and property pending further hearing and the award of attorney's fees. Dated: Pa..---c RESPECTFULLY SUBMITTED: ROMINGER LAW OFFICE Les1W A. Tomeo, squire 155 South Hanov Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant Honorable Judge Ebert ATTORNEY VERIFICATION I, Leslie A. Tomeo, Esquire, states that she is the attorney for, Defendant in this action; that she makes this affidavit as attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: .-L h 34 goo -7- Leslie A. To o, Esquire Attorney for Defendant David Wiley and Robin Wiley, Plaintiffs v. Harold F. Wiley Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW No. 07-1132 CIVIL TERM : Honorable Judge Ebert CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant do hereby certify that I this day mailed a copy of the within Emergency Petition for Injunctive Relief upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, Pa 17013 Dated: v (1 :0 0 7- LeshfA. Tomeo, squire 155 South Hanov Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant C to ?a -n eV ? _ ? I `Ti L i 77 ?% David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant Honorable Judge Ebert AMENDED DEFENDANT'S EMERGENCY PETITION FOR INJUNCTIVE RELIEF AND NOW comes Defendant, Harold F. Wiley, by and through his attorney, Leslie Tomeo, Esquire, and files this Emergency Petition for Injunctive Relief. 1. The Honorable Judge Ebert has been ruled upon this case from the beginning and entered an Order on March 13, 2007 in regards to this matter. 2. Opposing counsel, Attorney James Robinson is opposed to this petition. WHEREFORE, Defendant seeks emergency relief barring Plaintiffs from the residence and property pending further hearing and the award of attorney's fees. RESPECTFULLY SUBMITTED: ROMINGER LAW OFFICE Dated: March 30, 2007 Leslie'A. Tomeo, Es uire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant C") O -n QTY .?( ?Tl ?M ' © .S. C a7 -4 MAR3 ozoo7py David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant Honorable Judge Ebert AMENDED DEFENDANT'S EMERGENCY PETITION FOR INJUNCTIVE RELIEF AND NOW comes Defendant, Harold F. Wiley, by and through his attorney, Leslie Tomeo, Esquire, and files this Emergency Petition for Injunctive Relief. 1. The Honorable Judge Ebert has been ruled upon this case from the beginning and entered an Order on March 13, 2007 in regards to this matter. 2. Opposing counsel, Attorney James Robinson is opposed to this petition. WHEREFORE, Defendant seeks emergency relief barring Plaintiffs from the residence and property pending further hearing and the award of attorney's fees. RESPECTFULLY SUBMITTED: ROMINGER LAW OFFICE Dated: March 30, 2007 Leslie'A. Tomeo, Es uire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant r-? TI ?p 4 " 4 T ? LIARS 0 2007 u? David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant Honorable Judge Ebert ORDER OF COURT -fF AND NOW, this 20 day of 2007, in consideration of the within Defendant's Emergency Petition for Injunctive Relief, it is hereby ordered that a hearing will be held on the day of , 2007, at o'clock m. in Courtroom # '-5 at the Cumberland County Courthouse in Carlisle, Pennsylvania. ?c Distribution: Leslie A. Tomeo, Esquire 5 South Hanover Street Carlisle, Pennsylvania 17013 JWes M. Robinson, Esquire 28 South Pitt Street Carlisle, Pennsylvania 17013 j LUZ A David Wiley and Robin Wiley, Plaintiffs/Movants V. Harold F. Wiley Defendant/ Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW No. 07-1132 CIVIL TERM DEFENDANT'S ANSWER & COUNTERCLAIMS AND NOW comes Defendant, Harold F. Wiley, by and through his attorney, Leslie Tomeo, Esquire, and files this Answer and Counterclaims to Plaintiff's Complaint. STATEMENT OF FACTS 1. 2. 3 4. 5. 6. Denied. Since plaintiffs left the 2258 Pine Road property, defendant avers they have relocated to 10 Creek Road, Newville, Pennsylvania, 17241. Admitted in part and denied in part. Defendant admits that his previous address was 2258 Pine Road; however defendant has relocated to 109 North Baltimore Street, Mount Holly Springs, PA 17065. Admitted. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 7. Denied. Although defendant did pay $600 per month this was not a rental payment but was to be applied to the mortgage and was done because plaintiffs would not or could not pay the mortgage. 8. Admitted in part and denied in part. Defendant admits that he resided with plaintiffs during the stated times; however defendant denies that plaintiffs acted as caretakers during that period. Defendant at one point was removed from the residence by the Office of Aging due to lack of requisite medical care and the disarray of the property. 9. Denied. Plaintiffs have not made the monthly mortgage payments from November 2003 to the present and due to the fact that the mortgage was constantly in a state of default. 10. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 11. Admitted in part denied in part. Defendant admits that he left the property; however this was not on his own accord since he was removed from the residence by the Office of Aging. 12. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 13. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 14. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. COUNTI WRONGFUL EVICTION 15. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 16. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 17. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 18. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 19. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 20. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 21. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 22. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 23. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 24. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 25. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 26. Denied. Paragraph 26 is a conclusion of law to which no response need be made. 27. Denied. Paragraph 27 is a conclusion of law to which no response need be made. If a response is deemed necessary by the Court, Defendant denies that Plaintiffs are absolutely entitled to the lawful procedures provided by the Landlord Tenant Act. COUNT II RECOVERY OF OVERPAYMENT TO LANDLORD 28. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 29. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. COUNT III RECOVERY OF PAYMENTS FOR TRUCK 30. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 31. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. 32. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth; strict proof of the same is demanded at trial. David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Movants V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant/ Respondent VERIFICATION I verify that the statements made in this Answer & Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Harold F. Wiley, Defendant David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant do hereby certify that I this day mailed a copy of the within Defendant's Answer & Counterclaim upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, Pa 17013 Dated: -7- Leslie?'( Tomeo, Esc #re 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Defendant Ca mC;, mM rsa - -G David WILEY and Robin WILEY, Plaintiffs V. Harold F. WILEY Defendant CIVIL DIVISION - LAW No. 07-1132 CIVIL TERM ANSWER TO DEFENDANT'S EMERGENCY PETITION FOR INJUNCTIVE RELIEF AND NOW come Respondents, David and Robin Wiley, by and through their attorney, James M. Robinson, Esquire, and files this Answer to Defendant's Emergency Petition for Injunctive Relief: 1. Admitted. 2. Admitted. 3. No answer required. 4. Admitted. 5. No answer required. If it is deemed that an answer is necessary, this averment is denied. 5. Neither admitted nor denied. After reasonable investigation, the Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. Plaintiffs have not entered the property nor removed any property therefrom since prior to the Order of Court issued March 13, 2007. Strict proof is demanded at trial. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 6. Admitted. 7. No answer required. Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. Plaintiffs have not entered the property since prior to the Order of Court issued on March 13, 2007. 8. No answer required. Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. 9. No answer required. Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. Strict proof is demanded at trial. 10. Neither admitted or denied. Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. Strict proof is demanded at trial. 11. Denied. Respondents have not entered the property nor removed any property therefrom since the Court issued its order on March 13, 2007. WHEREFORE, Respondents request that this Honorable Court enter a judgment denying the Defendant's Emergency Petition for Injunctive Relief. Respectfully Submitted, Date: a JD7 TURO LAW OFFICES J ames M Robinson, Esquire J 28 Sout Pitt Street Carlisle, PA 17013 (717) 245-9688 Supreme Court ID No. 84133 Attorney for the Plaintiffs r:. C) ? a ?? ? -?-71'„?r; `? r ` -? fC3 ? N ^^?r ?) t _' C '? ., Cri David WILEY and Robin WILEY, Plaintiffs V. Harold F. WILEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 07-1132 CIVIL TERM ANSWER TO MOTION FOR CONTEMPT AND NOW come Respondents, David and Robin Wiley, by and through their attorney, James M. Robinson, Esquire, and files this Answer to Petitioner Harold F. Wiley's Motion for Contempt: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Respondents have not entered the property since the Order of Court was issued on March 13, 2007 and have not removed any property therefrom. 7. Denied. After reasonable investigation, the Respondents are without sufficient knowledge or information to form a belief as to the truth of this averment. Strict proof is demanded at trial. 8. Denied. Respondents have not entered the property nor removed any property therefrom since the Court issued its order on March 13, 2007. 9. Denied. Respondents have not entered the property nor removed any property therefrom since the Court issued its order on March 13, 2007. WHEREFORE, Respondents request that this Honorable Court enter a judgment dismissing the Petitioner's Motion for Contempt. Date: 41a)DI Respectfully Submitted, TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Supreme Court ID No. 84133 Attorney for the Plaintiffs David WILEY and IN THE COURT OF COMMON PLEAS Robin WILEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL DIVISION - LAW Harold F. WILEY No. 07-1132 Term 2007 Defendant VERIFICATION JAMES M. ROBINSON, ESQUIRE, states that he is the attorney for David Wiley and Robin Wiley in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters answered in the foregoing document; and that his statement is made subject to the .penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ,41z-197 Date J 00s M. Robin n, Esquire Afforney for th Respondents David WILEY and Robin WILEY, Plaintiffs V. Harold F. WILEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 07-1132 CIVIL TERM CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Answer to Motion for Contempt, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 2nd day of April, 2007, from Carlisle, Pennsylvania, addressed as follows: Leslie A. Tomeo, Esquire Rominger Law Office 155 South Hanover Street Carlisle, PA 17013 TURO LAW OFFICES J s M. Rob son, Esquire 2 outh Pitt treet Carlisle, PA 7013 (717) 245-9688; FAX 717.245.2165 Attorney for the Respondents -z ; ; A-1 2 David WILEY and Robin WILEY, Plaintiffs V. Harold F. WILEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 07-1132 CIVIL TERM ANSWER TO DEFENDANT'S COUNTERCLAIM TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND NOW come Respondents, David and Robin Wiley, by and through their attorney, James M. Robinson, Esquire, and files this Answer to Defendant's Counterclaim to Plaintiffs Motion for Preliminary Injunction: 30. No answer required. 31. Admitted. By way of further answer, Plaintiffs relocated their persons from 2258 Pine Road after receiving a request through Attorney Stephen J. Hogg because they wanted to remove their children from a situation which could escalate and result in harm to them. Plaintiffs believed that the law afforded them an opportunity to remove their belongings and that the Defendant would have to follow procedures proscribed by the Landlord Tenant Act to have them evicted. 32. Admitted. 33. Admitted. 34. Admitted. By way of further answer, Plaintiffs received a letter from Attorney Stephen J. Hogg, dated February 15, 2007, in which they were informed that the Defendant wanted them to vacate the premises. The letter stated, "if you don't, he [Defendant] has the right to go through the District Justice to have you evicted." 35. Admitted in part and denied in part. It is admitted that the title owner of a premises has the authority to request that certain individuals leave his premises. It is denied that the title owner has the authority to have those individuals and their personal property physically removed from the property without affording them due process as required in the Landlord Tenant Act. 36. Admitted in part and denied in part. It is admitted that the Plaintiffs continued to return to the property prior to the Order of Court issued March 13, 2007 to pack their belongings and remove them from the property. Plaintiffs believe the law gives them this right until formal eviction proceedings are begun. It is vehemently denied that Plaintiffs caused any damage to the property or defiled it in any way. 37. Neither admitted or denied. Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. Strict proof is demanded at trial. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter a judgment in favor of Plaintiffs and against Defendant. COUNT II - IN THE ALTERNATIVE: ACTION IN EJECTMENT 38. No answer required. 39. No answer required. 40. Admitted. 41. Admitted in part and denied in part. It is admitted that the Plaintiffs removed their persons from the property out of fear for their safety and that they returned to the property occasionally prior to the issuance of the Order of Court on March 13, 2007 to remove their personal property, which they believed was their right. They deny ever defiling the property, causing any damage to it, or stranding any animals. Because they were responsible for the electric bill, and because all lights were on when they arrived and the electric heat was always turned to maximum when they arrived to remove their personal property, all of which they believe was done by Defendant's agents to cause Plaintiffs additional expense, they removed light bulbs and turned the heat down. 42. Neither admitted or denied. Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. Strict proof is demanded at trial. 43. Neither admitted or denied. Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. Strict proof is demanded at trial. 44. Neither admitted or denied. Plaintiffs are without sufficient knowledge or information to form a belief as to the truth of this averment. Strict proof is demanded at trial. 45. Denied. Plaintiffs deny that Defendant is entitled to immediate possession of the premises. Further, they have removed their persons from the premises out of fear for their safety and have not vacated the property because of their inability to remove their personal property from it. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter a judgment in favor of Plaintiffs and against Defendant. COUNT III - EQUITABLE RELIEF 46. No answer required. 47. Denied for the following reasons: a. This averment is a conclusion of law to which no response is required. If it is deemed that a response is necessary, it is denied. b. Denied. Plaintiffs are owed the due process of law as required by the Landlord Tenant Act and are not the cause of Defendant's expenditure of funds. C. Denied. Plaintiffs are temporarily occupying a residence offered them by a third party. They entered Defendant's property only prior to the Order of Court issued March 13, 2007 for the sole purpose of removing their personal property. d. Denied. Plaintiffs are owed the due process of law as required by the Landlord Tenant Act and are not the cause of Defendant's expenditures. e. Denied. A judgment could be entered against Plaintiffs as against any other party. f. Denied. It is the Defendant and his agents who have acted in a furtive and vindictive manner, with acts of clandestine malevolence such as turning on every light and turning the heat up full whenever they visited the property, knowing that such acts would inflate the electric bill being paid at the time by the Plaintiffs. Plaintiffs are owed due process of law as required by the Landlord Tenant Act. It is the Defendant's actions and those of his agents that have caused a temporary delay in his ability to sell the property. g. Denied. Plaintiffs have taken no action with regard to Defendant's accounts. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter a judgment in favor of Plaintiffs and against Defendant. Respectfully Submitted, Date: ?3 P7? TURO LAW OFFICES 4 Ja M. Robin n, Esquire 28 outh Pitt St eet Carlisle, PA 17013 (717) 245-9688 Supreme Court ID No. 84133 Attorney for the Plaintiffs David WILEY and IN THE COURT OF COMMON PLEAS Robin WILEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL DIVISION - LAW Harold F. WILEY No. 07-1132 Term 2007 Defendant VERIFICATION JAMES M. ROBINSON, ESQUIRE, states that he is the attorney for David Wiley and Robin Wiley in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters answered in the foregoing document; and that his statement is made subject to the.penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. x/3/0 Date J e . Robins Esquire A o ey for the fespondents David WILEY and Robin WILEY, Plaintiffs V. Harold F. WILEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 07-1132 CIVIL TERM CERTIFICATE OF SERVICE 1, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Answer to Defendant's Counterclaim to Plaintiffs Motion for Preliminary Injunction, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 3rd day of April, 2007, from Carlisle, Pennsylvania, addressed as follows: Leslie A. Tomeo, Esquire Rominger Law Office 155 South Hanover Street Carlisle, PA 17013 TURO LAW OFFICES J mes M. obinson, Esquire 8 South itt Street Carlisle, A 17013 (717) 245-9688; FAX 717.245.2165 Attorney for the Plaintiffs 03 1 °°C1 --? Cr t rQ ]i d ? David WILEY and Robin WILEY, Plaintiffs V. Harold F. WILEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 07-1132 CIVIL TERM ANSWER TO DEFENDANT'S MOTION FOR PRELIMINARY INJUNCTION AND NOW come Respondents, David and Robin Wiley, by and through their attorney, James M. Robinson, Esquire, and files this Answer to Defendant's Motion for Preliminary Injunction. 1. Denied for the following reasons: a. Denied. Plaintiffs have not caused any damage to the property, have not taken any actions denying Defendant access to his accounts, and are owed due process of law as required in the Landlord Tenant Act. Any harm caused to Defendant due to a delay in the sale of the property or continued mortgage payments for the property are the result of actions taken by the Defendant or his agents. b. Denied. Plaintiffs are owed due process of law as required by the Landlord Tenant Act and any impairment caused by Defendant's inability to sell the property are due to Defendant's own actions or those of his agents. Plaintiffs have not caused any damage to Defendant's property. 2. Denied. Plaintiffs are owed due process of law as required by the Landlord Tenant Act and were only returning to the property, prior to the Order of Court issued March 13, 2007, for the purposes of recovering their own personal property. There is no unjust enrichment. 3. Denied. Plaintiffs are owed due process of law as required by the Landlord Tenant Act and have committed no wrongful acts. 4. Denied. Plaintiffs are owed due process of law as required by the Landlord Tenant Act, which includes a period of time during which to remove themselves and their personal property from the premises. The preliminary injunction would not only cause considerable inconvenience to Plaintiffs but, based on prior actions of the Defendant's agents, would also place their personal property in jeopardy of damage and theft. 5. Denied. Plaintiffs are owed due process of law as required by the Landlord Tenant Act and have not taken any unlawful or unauthorized actions. 6. Denied. Plaintiffs are owed due process of law as required by the Landlord Tenant Act and will prevail after a full hearing before this Honorable Court. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter a judgment denying Defendant's request for a Preliminary Injunction. Date: 4 3 d Respectfully Submitted, TURO LAW OFFICES Vanes M. Ro son, Esquire outh Pitt treet Carlisle, PA 17013 (717) 245-9688 Supreme Court ID No. 84133 Attorney for the Plaintiffs David WILEY and IN THE COURT OF COMMON PLEAS Robin WILEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL DIVISION - LAW Harold F. WILEY No. 07-1132 Term 2007 Defendant VERIFICATION JAMES M. ROBINSON, ESQUIRE, states that he is the attorney for David Wiley and Robin Wiley in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters answered in the foregoing document; and that his statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 310 Date 3 s M. Robin n, Esquire tt rnev for th Respondent David WILEY and Robin WILEY, Plaintiffs V. Harold F. WILEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 07-1132 CIVIL TERM CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Answer to Defendant's Motion for Preliminary Injunction, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 3`d day of April, 2007, from Carlisle, Pennsylvania, addressed as follows: Leslie A. Tomeo, Esquire Rominger Law Office 155 South Hanover Street Carlisle, PA 17013 TURO LAW OFFICES J s M. Rob' son, Esquire 2 outh Pitt treet C rlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 Attorney for the Plaintiffs ? p ? ??? ?? ? ? ?? ?t? S ?r-`? ? ?'?.? ' ? ? ? ? '_ ?"4`i ?- ? L"_?rL e ?. APR 13 2007 Pay David Wiley and : IN THE COURT OF COMMON PLEAS Robin Wiley, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL DIVISION- LAW Harold F. Wiley : No. 07-1132 CIVIL TERM Defendant Honorable Judge Ebert ORDER AND NOW this I3 day of April, 2007 the parties having indicated to the Court, that they have resolved some of the issues now before the Court in the above captioned matter, and with the counseled agreement of the parties hereto, it is ordered as followed: 1. Defendant's outstanding motions for special relief and contempt are deemed withdrawn. 2. The parties shall gather, within 10 days, at the real property in dispute at 2258 Pine Road, Newville, PA, and in the presence of Counsel, will sort out all of the personal property remaining therein. Any items of property that are claimed by both parties will be placed in storage until such time as ownership can be determined or all disputes are resolved, the cost of which will be shared equally between the parties. Following this view, each party may make demand of the other in writing for missing items. Issues that remain unresolved they shall be decided at the scheduled hearing on this action. 3. Prior to the viewing, neither party shall remove any personalty from the property. After removal of all personally property, the sole right of possession of and title the property shall be vested in the Defendant Harold F. Wiley. 4. Defendant, Harold F. Wiley shall list the property with a licensed realtor with forty-five (45) days of this Order. Proceeds of the sale shall first pay off all outstanding mortgages, loans and liens against the property and any surplus shall be placed in an interest bearing escrow account pending the outcome of proceeds in this action. 5. Nothing in this Order shall extinguish any claim either party may have against the other. J. Iii !'rr'?I I•,J SHERIFF'S RETURN - REGULAR CZSE NO: 2007-01132 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILEY DAVID ET AL VS WILEY HAROLD F MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILEY HAROLD F the DEFENDANT , at 1905:00 HOURS, on the 21st day of March , 2007 at 109 N BALTIMORE STREET MT HOLLY SPRINGS, PA 17065 by handing to HAROLD WILEY a true and attested copy of COMPLAINT & NOTICE MOTION FOR PRELIMINARY INJUNCTION BRIEF together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.76 Postage .63 Surcharge 10.00 .00 3Id 4 67 (),,. 2 2'3 9 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/22/2007 RON TURO By. 'Deputy -cffieriff A. D. SHERIFF'S RETURN - NOT FOUND ( SE NO: 2007-01132 P COMMONTWEALTH OF PENNSYLVANIA s COUNTY OF CUMBERLAND WILEY DAVID ET AL VS WILEY HAROLD F R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WILEY HAROLD F but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , WILEY HAROLD F 2258 PINE ROAD NOT FOUND , as to NEWVILLE. PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 11.52 Not Found 5.00 Surcharge 10.00 .00 31?q?b7 44.52 So answers R. homas ine Sheriff of Cumb rland County RON TURO 03/22/2007 Sworn and Subscribed to before me this day of A. D. DAVID & ROBIN WILEY, Plaintiffs V. HAROLD F. WILEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1132 CIVIL TERM IN RE: REQUEST FOR PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 9th day of July, 2007, after hearing in the above-captioned matter of the plaintiffs' motion for preliminary injunction, and the defendant's counterclaim thereto, the Court finds that the plaintiffs have not sustained their burden of proof and the motion for preliminary injunction is denied. Pending final resolution of the remaining civil law complaint in this case, the defendant is awarded exclusive possession of the property. By the Court, M. L. Ebert, Jr., James M. Robinson, Esquire For the Plaintiffs Leslie A. Tomeo, Esquire For the Defendant :mtf 1f?1 Y?f t'.1 P, Z •0I I I I Mr LODZ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. Ox for trial without a jury. --------------------------------------------------------- -------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Civil Action - Law David WILEY and Appeal from arbitration Robin K. WILEY VS. (Plaintiff) Harold F. Wiley vs. (Defendant) (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials No. 07-1132 , civilTerm Indicate the attorney who will try case for the party who files this praecipe: Lorin Andrew Snyder, Esq. Indicate trial counsel for other parties if known: Karl E. Rominger, Esq. This case is ready for trial. Signed: Print Name: LolvAl AopRaw ?r?FR Date: QBlo /7AJ>-, Attorney for: 4A I FFVS-- t R,3 ? G r ti OD N t:1 f Ha to % 2007. id WILEY and Robin WILEY, Plaintiffs, V. F. WILEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 -1132 CIVIL TERM CIVIL DIVISION - LAW MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFFS AND NOW comes Turo Law Offices, counsel for Plaintiffs, who moves for leave draw as counsel, averring the following: 1. Plaintiffs filed a Complaint in the above-captioned matter on March 1, 2. Plaintiffs are in substantial arrears in their legal bill with Turo Law Offices and have failed substantially to meet their financial obligations to their attorneys. 3. Plaintiffs have made no payment against their outstanding bill for eight montns. 4. Plaintiffs, throughout the case, have failed repeatedly to make payments and have continually received notice that failure to satisfy their financial obligations will resu t in the firm's withdrawal from the case. 5. The Honorable J. Wesley Oler, Jr., issued an Order of Court granting leav for Turo Law Offices to withdraw as counsel for the Plaintiffs herein in another, relat d case, for the identical reasons stated in this Motion. (Exhibit A, Motion for Leave to W thdraw As Counsel; Exhibit B, Amended Motion for Leave to Withdraw As Counsel, Exhi it C, Order of Court dated April 6, 2009, are attached hereto and incorporated by refer nce as if fully set forth.) 6. Turo Law Offices cannot ethically continue to represent Plaintiffs in this he gra Pla 7. The Rules of Professional Conduct state that a lawyer may withdraw from resenting a client if "the client fails substantially to fulfill an obligation to the lawyer arding the lawyer's services and has been given reasonable warning that the lawyer withdraw unless the obligation is fulfilled." Pa. R.P.C. § 1.16(b)(5) 8. Karl E. Rominger, Esquire, counsel for the Defendant, was contacted and es no objection to this Motion. 9. The Honorable Merle L. Ebert, Jr. was previously assigned to this case. WHEREFORE, Turo Law Offices respectfully requests this Honorable Court to Turo Law Offices and Lorin A. Snyder, Esquire, leave to withdraw as counsel for Respectfully submitted, TUFJO LAW OFFICES ?/Gs drew Snyder, Esquire th Pitt Street Carlisle, 17013 (717) 245-9688 Attorney for Plaintiffs WILEY and Robin WILEY, Plaintiffs to v. L. NIEVES, Bernadine M. WILEY, Kevin M. KELLEY, and Kevin W PRESTON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 115;? 3674- CIVIL TERM CIVIL DIVISION - LAW r AND NOW comes Turo Law Offices, counsel for Plaintiffs, wad -mov es f6f)f leave draw as counsel, averring the following: -- -? 1. Plaintiffs filed a Complaint in the above-captioned ma on ne 2. Plaintiffs are in substantial arrears in their legal bill with Turo Law Offices and have failed substantially to meet their financial obligations to their attorneys. 3. Plaintiffs have made no payment against their outstanding bill for five 4. Plaintiffs, throughout the case, have failed repeatedly to make payments have continually received notice that failure to satisfy their financial obligations will in the firm's withdrawal from the case. 5. Turo Law Offices cannot ethically continue to represent Plaintiffs in this and increase Plaintiffs' sizeable debt. 6. The Rules of Professional Conduct state that a lawyer may withdraw from enting a client if "the client fails substantially to fulfill an obligation to the lawyer arding the lawyer's services and has been given reasonable warning that the lawyer withdraw unless the obligation is fulfilled." Pa. R.P.C. § 1.16(b)(5) WHEREFORE, Turo Law Offices respectfully requests this Honorable Court to Turo Law Offices and Lorin A. Snyder, Esquire, leave to withdraw as counsel for iintiffs. Respectfully submitted, TURO LAW OFFICES Mrin An Sny er, Esquire 28 So Pitt Str et Carli e, 1 13 (71 245- 88-/ for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answers to latories upon Adam L. Seiferth, Esquire, and Karl E. Rominger, Esquire, by Ling the same in the United States Mail, first class, postage pre-paid on the .nth day of February, 2009, from Carlisle, Pennsylvania, addressed as follows: E David and Robin Wiley 109 High Mountain Road Shippensburg, PA 17257 Plaintiffs Adam L. Seiferth, Esquire Cipriani & Werner Suite 201 1011 Mumma Road Lemoyne, PA 17043-1145 Attomey for Defendants Preston and Kelley Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attomey for Defendants Nieves and Wiley TURO L6& WICES Lorin drew Sny er, Esquire 28 S ut Pitt Str t Ca sle, 17 13 (71V) 245- 8 WILEY and Robin WILEY, Plaintiffs v. L. NIEVES, Bernadine M. WILEY, Kevin M. KELLEY, and Kevin W. PRESTON, : Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3670 CIVIL TERM CIVIL DIVISION - LAW ORDER OF COURT AND NOW, this day of , 2009, it is hereby ORDERED that o Law Offices and Lorin A. Snyder, Esquire, are granted leave to withdraw as msel for the Plaintiffs, David and Robin Wiley. BY THE COURT, J. c.c Lorin A. Snyder, Esq. Adam L. Seiferth, Esq. Karl E. Rominger, Esq. David & Robin Wiley WILEY and Robin WILEY, : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. :ggy L. NIEVES, Bernadine . WILEY, Kevin M. KELLEY, id Kevin W. PRESTON, Defendants NO. 07 -8- CIVIL TERM CIVIL DIVISION - LAW AND NOW comes Turo Law Offices, counsel for Plaintiffs avi appendage to the Motion for Leave to Withdraw as Counsel, filed 0 ? _C213 o ? -r r _? rri (31 IJ? khe ?IloyA as ObrL y 1- 2009: 7. Adam L. Seiferth, Esquire, counsel for Defendants Kevin Preston and n Kelley, was contacted and concurs with the Motion upon the condition that the set for May 28, 2009, is not continued. 8. Karl E. Rominger, Esquire, counsel for Defendants Peggy Nieves and Wiley, was contacted and concurs with the Motion. 9. The Honorable J. Wesley Oler, Jr., issued an Order in this matter on February 18, 2009 scheduling a Pre-Trial Conference for May 6, 2009 and a trial for May 28, 2009. WHEREFORE, Turo Law Offices respectfully requests this Honorable Court to Turo Law Offices and Lorin A. Snyder, Esquire, leave to withdraw as counsel for PIS Respectfully submitted, LAW OFFICES 1304/_9 (71 ;Kew Snyder, Esq. i Pitt Street PA 17013 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Amendment to Motion Leave to Withdraw as Counsel for Plaintiffs upon Adam L. Seiferth, Esquire, and Karl Rominger, Esquire, by.depositing the same in the United States Mail, first class, stage pre-paid on the 6??day of March, 2009, from Carlisle, Pennsylvania, dressed as follows: David and Robin Wiley 109 High Mountain Road Shippensburg, PA 17257 Plaintiffs Adam L. Seiferth, Esquire Cipriani & Werner Suite 201 1011 Mumma Road Lemoyne, PA 17043-1145 Attorney for Defendants Preston and Kelley Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendants Nieves and Wiley rew Sryyder, Esquire Carlisle, P A,0013 (717) 24 Att y for Plaintiffs WILEY and Robin WILEY, Plaintiffs V. L. NIEVES, Bernadine M. WILEY, Kevin M. KELLEY, and Kevin W. PRESTON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - CIVIL TERM CIVIL DIVISION - LAW ORDER OF COURT AND NOW, this 'k- day of Y , 2009, it is hereby ORDERED that 'o Law Offices and Lorin A. Snyder, Esquire, are granted leave to withdraw as inset for the Plaintiffs, David and Robin Wiley. BY THE COURT, c.c. Lorin A. Snyder, Esq. Adam L. Seiferth, Esq. Karl E. Rominger, Esq. David & Robin Wiley CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion for Leave to raw as Counsel for Plaintiffs upon Karl E. Rominger, Esquire, by depositing the sa a in the United States Mail, first class, postage pre-paid on the Twenty-Seventh day of ay, 2009, from Carlisle, Pennsylvania, addressed as follows: David and Robin Wiley 109 High Mountain Road Shippensburg, PA 17257 Plaintiffs Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attomey for Defendant TURD UkVMFFICES u Pitt Street t rlisle, ,17013 (717) 245-96-88---- Attorney for Plaintiffs , Esquire i t F?lrl`?t-?? 'rb1?f{,}?lii,? ?? Thw P? ? ? : ? '"r ?vtd ? ?? .??'t? _.., i MAY ? d 2009 I David WILEY and Robin WILEY, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Harold F. WILEY, Defendant NO. 07 - 1132 CIVIL TERM CIVIL DIVISION - LAW ORDER OF COURT t? AND NOW, this '18 day of 2009, it is hereby ORDERED that M 4v Turo Law Offices and Lorin A. Snyder, Esquire, are granted leave to withdraw as counsel for the Plaintiffs, David and Robin Wiley. BY THE COURT, N lvt i-4-J. c.c.`" '-nn, A. Snyder, Esq. , rl E. Rominger, Esq. vid & Robin Wiley Cor II_?/? 1'e-c '1'taL LfXk.? s f Z f OT f )? ? ? ? ?+ !'-