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Home My WebLink About03-1306LONG MEADOWS APARTMENTS, L.L.P., Plaintiff VS. SHERRI NICHOLAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN EJECTMENT NOTICE 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 or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 N O T I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 long meadows\nicholas\complaint LONG MEADOWS APARTMENTS, L.L.P., Plaintiff vs. SHERRI NICHOLAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :.o. : CIVIL ACTION - LAW : IN EJECTMENT COMPLAINT COUNT I - FOR EJECTMENT 1. Plaintiff is Long Meadows Apartments, L.L.P., a Pennsylvania limited liability partnership, with a place of business at 1 Richland Lane, Camp Hill, PA 17011. 2. Defendant is Sherri Nicholas, who resides at 3 Richland Lane, Apartment 101, Camp Hill, PA 17011. 3. Plaintiff is the owner and operator of Long Meadows Apartments at the above address. 4. Until January 18, 2003, Defendant was employed by Plaintiff as the Community Manager of the aforesaid apartment complex, having commenced her employment on November 7, 2001. 5. As part of her compensation package and renumeration plan, and partially as well for the convenience of Plaintiff, Defendant received the use of an apartment at the complex for her own occupancy, which arrangement was specifically intended to last for only so long as Defendant continued her employment. 6. Defendant's apartment is described as in Paragraph 2. 7. The parties recognized the foregoing arrangement, including the requirements, that Defendant's occupancy and use of the apartment would end upon the termination of her employment, by a writing dated January 25, 2002, and executed by the parties. A copy of said writing is attached hereto as Exhibit "A". 8. Although Defendant terminated her employment on January 18, 2003, she has refused to relinquish the apartment and continues to occupy same notwithstanding Plaintiff's repeated requests for her to vacate. 9. No abstract of Plaintiff's or Defendant's title is set forth herein since Defendant's title (as such) is a leasehold title which derives from Plaintiff's lease. 10. Defendant's continued possession and occupancy of Apartment #101 is illegal, illicit, devoid of any right or color or right, and in fact she is a mere trespasser. WHEREFORE, Plaintiff demands judgment against Defendant in Ejectment for possession of the aforesaid apartment. COUNT II - FOR DAMAGES 11. Paragraphs 1 through 10, inclusive, are incorporated herein by reference thereto. 12. The monthly fair rental value of Apartment ~101 is $560.00 per month or $18.41 on a per diem basis. 13. Defendant's illegal occupancy and trespass commenced on January 19, 2003, and is continuing. As of March 24, 2003 she owes for 63 days at $18.41 per day, or a total of $1,159.83. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,159.83, plus $18.41 per day for each day such occupancy and trespass continue until the date of judgment. long meadows \nicholas \complaint YOFFE & YOFFE, P.C. NORMAN M. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 {717) 975-1838 Attorney ID No. 07135 LONG MEADOWS APARTMENTS, L.L.P., Plaintiff vs. SHERRI NICHOLAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN EJECTMENT VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: JUDY~HOOV~, 'Community Manager for Plaintiff 'Nar lO MANAGEMENT January 25, 2002 Ms. Sherri Nichola~ 3 Richland Lane, #101 Camp Hill, PA 17011 Re: Employment at Long Meadows Apartments Dear Ms. Nicholas: This shall confirm that, in connection with your employment as Community Manager at Long Meadows Apartments, you shall have the license to occupy unit 101 located at 3 Richland Lane a.s your personal residence for you and your immediate family. Guests visiting an employee may not reside at the premises unless written permission is first obtained from Management. Any employee's approved guest(s) shall abide by all applicable covenants and rules of this community. Damage to the premises caused by employee, employee's family or employee's guests will be repaired and costs will be billed to the employee. You acknowledge that your right to occupy a unit is conditioned upon your employment with us and that you will vacate upon termination of your employment for whatever reason (within fourteen (14) days of termination). As your occupying a unit is necessary in connection with your fulfilling your responsibilities associated with your employment with us and is, therefore, a part of our employment agreement, you acknowledge that we are not establishing a landlord-tenant relationship in allowing you to occupy a unit. Rather, we are providing you with a mere license to occupy a unit, which will continue only for so long as you are employed by us as Community Manager a~ Long Meadows Apartments. You recognize, therefore, that you shall have none of the protections provided by Pennsylvania Law with respect to ordinary tenants (and not mere license) occupying units in the buildings. Please execute that attached copy of this letter, in the space indicated below, to confirm that this letter accurately sets forth our understanding. Sincerely, Vista Management Co., Inc. _~AND ACKNOWLEDGED: "Sherri Nicholas ~-~./x.~e (aD. Bruce Parry, CPM® Property Manager !131 University Boulevard, West · Suite 101 · Silver Spring, Maryland 20902 * 301-649-1115 · Fax 301-649-3560 EXHiBiT "A" SHERIFF'S RETURN - REGULAR CASE NO: 2003-01306 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LONG MEADOWS APARTMENTS LLP VS NICHOLAS SHERRI ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon the NICHOLAS SHERRI DEFENDANT , at 1624:00 HOURS, on the 27th day of March at 3 RICHLAND LANE APARTMENT 101 CAMP HILL, PA 17011 by handing to , 2003 SHERRI NICHOLAS a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ ~ day of ~,~ ~L%2-~ . A,D. #'P;rothonotary So Answers: 03/31/2003 ¥OFFE & YOFFE · ~ ~puty ~heriff LONG MEADOWS APARTMENTS, L.L.P., Plaintiff vs. SHERRI NICHOLAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1306 : : CIVIL ACTION - LAW : IN EJECTMENT PRAECIPE To the Prothonotary of Cumberland County: Please enter judgment in favor of Plaintiff, Long Meadows Apartments, L.L.P., and against Defendant Sherri Nicholas, for her failure to file an Answer or otherwise please to the Complaint in this case within the time allowed by law, in 1) Ejectment for possession of 3 Richland Lane, Apt. 101, Camp Hill, PA 17011, and .............. £003 ....... ~ ........... " for ~_J~.~l pcr diemS. ~.~$ ~ ~"" A copy of the notice required by Pa. R.C.P. 237 is attached hereto and it is hereby certified that said notice was mailed to Sherri Nicholas on April 17, 2003. YOFFE & YO.F~,~.~./ P.C. /~ORM~ M.'YUFfE, ESQUI'RE ' Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 long meadows \nicholas \de fault \praecipe LONG MEADOWS APARTMENTS, L.L.P., Plaintiff vs. SHERRI NICHOLAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-1306 : : CIVIL ACTION - LAW : IN EJECTMENT NOTICE TO: Sherri Nicholas, 3 Richland Lane, Apt. 101, Camp Hill, PA 17011 DATE: April 17, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN {10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOTICIA IMPORTANTE TO: Sherri Nicholas, 3 Richland Lane, Apt. 101, Camp Hill, PA 17011 FECHA DE NOTICIA: April 17, 2003 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOFFE.~FFE, P.C. NORMAN M. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. long meadows \nicholad\ lOday IN THE COURT OF COMMON PLI=AR OF-'--_~-_z-_-:ZZ:~ COUNTY= PI=NNRYLVANIA CIVIL File No. 2003-1306 LONG MEADOWSAPARTMENTS, L.L.P., Plaintiff COSTS (to be completed by Prothonotary) SHERRI vs. Plff. Paid ' Deft. Paid NICHOLAS, ' Due Prothonotary Defendant · Other Costs PRAI=CIPE FOR WRIT OF POSSER~IO,~ TO THE PROTHONOTARY OF SAID COURT: (Check appropriate block) (x) ( Issue writ of possession in the above captioned case and direct Sheriff to deliver possession of the following property to the plaintiff(s). 3 Richland Lane, Apt. 101, Camp Hill, PA 17011 To satisfy the costs against the defendant(s), direct Sheriff to levy upon the interest of the defendant(s) in the following described property and to sell the same: ( ) Personal Property as follows: Date: ( ) Real Estate as per the attached description Signature: B~y/ Print Name: ~to=n~an M. ¥offe, Es~ir~' Address: 214 Senate Ave., Suite 203 Camp Hill, PA 17011 A~orney for: Plaintiff Telephone: (717) 975-1838 Supreme Court ID No. 07135 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BI]Elimmal~ CUMBERLAND TO THE SHERIFF OF SAID COUNTY: WRIT OF PO-~-~I::~ION (2) To satisfy the judgment for possession in the above captioned case, you are directed to deliver the plaintiff(s) possession of the above described property. To satisfy the costs against the defendant(s), you are directed to levy upon any property of the defendant(s) and sell the defendant(s)' interest therein. Prothon. - 30 (8-97) ProthonOTary: J WRIT-OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Lonq Meadows Apartment LLP vs. Sherri Nichol~.F 3 Richland Lane, Apt. Camp Hill, Pa. 17011 101 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1306 Civil Term Term Costs Att'y. $ ~ Pl'ff (s) $ Prothy. $ !. 0 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of C,,mh~_r] and County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Norman M. Yoffeo Esquire 214 A~orney for Plaintiff being: (Premises as ~llows): 3 Richland Lane, Apt. 101, Camp Hill, Pa. 17011 Senate Avenue, Suite 203, Camp Hill, Pa. 17011 Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date April 29, 2003 (SEAL) C. nrt'is R. Long Prothonotary, Common Pleas Court of Cmnberland County, Pennsylvania ~.Y'~ :'i~. Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and , to Sworn and subscribed to before me this day of , Prothonotary So Answers, Sheriff By Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and Writ o f STAYED this date, deft. now resides at: 359 Wyatt Road, , to Possession returned Harrisburg, PA 17104 S-heriff' s .Costs: Docke~.'ng" 18.00 Poundage .99 Proth. 1.00 .:, A_ A I0 34 I 50.34 Advance Costs: 150.00 Shoriff'~ Cn~t~ 50.36 99.66 Refunded to Arty on 5/1/03 Sworn and subscribed to before me this day of Prothonotary So Answ r Byl i~ c!~.- ~ . WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) ~onq Meadows Apartment LLP vs. Sherri Nicholas 3 Richland Lane, Apt. Camp Hill, Pa. 17011 101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1306 Civil Term No. Term Costs Att'y. $ 117:85 __ Pl'ff (s) $ Prothy. $- 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriffof Cnmho. r'l and County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: 4 Snate Avenue Suite 203, C_~ Hill, Pa. 17011 being: (Premises as follows): Plaintiff (s) 3 Richland Lane, Apt. 101, Camp Hill, Pa. 17011 I RUE COPY FROM RECORD m Teitmony wnemot, I ~re unto set my trane .... (7 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date_ APril 29, 2003 (SEAL) ___ C.~rt-i.q R. Long Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania ,//~' - Deputy