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Home My WebLink About01-04537l 4 ALAN KRRITZER, IN TFiE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA BY THE COURT, v. CIVIL ACTION -LAW DENNIS MIKLOSH, Defendant NO.O1-4537 CIVIL TERM ORDER OF COURT AND NOW, this 27~' day of July, 2001, upon consideration of Defendant's Petition for Preliminary Injunctive Relief, a hearing is scheduled for Monday, August 13, 2001, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Alan Kreitzer 4 Mill Road Mechanicsburg, PA 17055 Plaintiff, Pro Se David Lopez, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant ~i ~ ; C, J. esley Oler, ., J. { -a' - , RCS :rc ALAN KREITZER, : IN THE COURT OF COMMON PLEAS Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. No. Zoos-ys3~ clvH. DENNIS MIKLOSH, Petitioner NOTICE TO DEFEND 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 wmplaint and notice aze served by entering a written appearance personally or by attorney and filing iti writing with the Court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgment maybe 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 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 AND FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 1-800-990-9108 (PA Only) or 717-249-3166 IMPORTANT: A hearing on the petitioner's request for continuing preliminary injunctive relief, as set forth in the enclosed petition, has been scheduled for . 2001, at o'clock .M., in the assigned courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. ~- .. +44- ALAN IQiEITZER, Respondent vs. DENNIS MIKLOSH, Petitioner CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS No. 2001- CIVIL ORDER FOR EX-PARTE, PRELIMINARY INJUNCTIVE RELIEF AND NOW, this , 2001, pursuant to Pa.RC.P. 1531(a) and upon consideration ofthe within petition, IT IS HEREBY ORDERED AS FOLLOWS: 1. A hearing on Petitioner's request for continuing preliminary injunctive relief shall, in accordance with Pa.R.C.P. 1531(d), beheld on , 2001 at o'clock .M., in the assigned courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. Pending a hearing and effective immediately, Respondent is preliminarily enjoined from: a. Excluding Petitioner from possession of his demised rental property located at 6412 Cazlisle Pike, Lot 116, Mechanicsburg, Pennsyvania; b. Interfering with Petitioner's quiet enjoyment of his demised rental property in any manner; c. Removing, retaining or destroying Petitioner's personal property located at 6412 Carlisle Pike, Lot 116, Mechanicsburg, Cumberland County, Pennsylvania or at such other location to which Respondent may have removed the property. 3. The Petitioner, pursuant to Pa.R.C.P. 240 is relieved from paying all litigation costs of this proceeding, including the filing fee and service costs and from filing a bond with surety as otherwise required by Pa.R.C.P. 1531(6). By the Court, J. ALAN IOitEITZER, Respondent vs. DENNIS MIKLOSH, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001- 5{-37 CIVIL PETITION FOR PRELIMINARY INJUNCTIVE RELIEF The Petitioner, Dennis Miklosh, by and through his attorney, David Lopez of MidPenn Legal Services, sets forth the following causes of action: General Allegations 1. Petltioner is a sui juris adult, who resides at premises leased to him by Respondent at 6412 Cazlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is a sui juris adult with a mailing address of 4 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. In Apri11995, Petitioner and Respondent entered into an agreement for the rental of a mobile home lot at 6412 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 4. The parties agreed that Petitioner would pay rent at the rate of $ 150.00 per month. 5. On January 6, 2000, Respondent filed an action against Petitioner for nonpayment of rent. On January 18, 2000, District Justice Thomas A. Placey entered judgment against Petitioner in the amount of $ 1,522.00. Petitioner and Respondent then entered an agreement whereby Petitioner would continue to pay $ 150.00 per month in rent for the property. 6. Accordingly, Petitioner made the payments of $ 150.00 per month until approximately February 2001. 7. In July 2001, Respondent attempted to execute the judgment against Petitioner which was granted in January of 2000. -i 8. The respondent ratified the agreement by accepting the payment of rent for approximately one yeaz. 9. Injunctive relief is needed to prevent the Plaintiff from suffering immediate and irreparable harm that cannot be compensated by damages. 10. Greater injury will occur from refusing the injunction than from granting it, as the defendants have available to them civil judicial procedures to claim any money alleged to be due. 11. Defendants are not entitled to dispossess the plaintiff from the rented property without legal process, and injunctive relief is reasonably suited to prevent a wrongful dispossession. 12. Plaintiff s right to relief is clear and Plaintiff's claim, raises substantial legal questions. 13. Plaintiff is indigent and thus financially unable to pay the costs of this proceeding, including the filing fee, service costs, and the cost of filing a bond with surety. The Plaintiff s In Forma Pauperis petition, filed under Pa.R.C.P. 240 and attached to this complaint, are incorporated herein by reference. WHEREFORE, Plaintiff requests your Honorable Court: Pursuant to Pa.R.C.P. 1531(a), issue a preliminary injunction, prior to written notice to Respondent or a hearing on this matter, enjoining Respondent from: a. Excluding Petitioner from possession of his demised rental property located at 6412 Carlisle Pike, Lot 116, Mechanicsburg, Cumberland County, Pennsylvania, b. Interfering with Petitioner's quiet enjoyment of his demised rental property in any manner; c. Removing, retaining or destroying Petitioner's personal property located at 6412 Cazlisle Pike, Lot 116, Mechanicsburg, Cumberland County, Pennsylvania, or from such otherlocation to whichRespondentmayhave removed Petitioner's property. 2. Schedule a hearing in this matter and, following the hearing, grant a preliminary and then permanent injunction against Respondent for the same relief set forth in paragraphs (a), (b) and (c) above. 3. Relieve Petitioner from payment of all costs, including the posting of a bond, pursuant to Pa.R.C.P. 240. 4. Grant such further relief as your Honorable Court deems appropriate. Respectfully Submitted, LEG ERVICES David Lopez MidPenn Legal Services Attorney for Petitioner 8 Irvine Row Carlisle, PA 17013 717-243-8026 Date: ~ Z U ~ VERIFICATION I verify that the statements made in this Petition aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. C~z~ "V a Dennis Miklosh Petitioner Date: ~ ° ~ ~` ~06 l ;..~„ . _ ALAN KREITZER, : IN THE COURT OF COMMON PLEAS OF Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. DENNIS MIKLOSH, Petitioner NO. 2001- CIVIL PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Dennis Miklosh, Petitioner, to proceed in forma an uperis. I, David Lopez, attorney for the party proceeding in forma au eris certify that I believe the party is unable to pay the costs and that I am providing free legal services to, the party. l~auid Lopez Attorney for Petitioner MIDPENN LEGAL SER 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ALAN KREITZER, Respondent vs. DENNIS MIKLOSH, Petitioner CUMBERLAND COUNTY, PENNSYLVANIA iN THE COURT OF COMMON PLEAS OF NO. 2001 ~~~ CIV1L PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Dennis Miklosh, Petitioner, to proceed in forma ap uperis. I, David Lopez, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Attorney for Petitioner MIDPENN LEGAL SER Carlisle, PA 17013 (717)243-9400 8 Irvine Row Alan Kreitzer, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.Ol-4537 CIVIL TERM Dennis Miklosh, Defendant/Petitioner :CIVIL ACTION -LAW ORDER AND NOW, this ~15~day of , 2001, upon agreement of the parties, the Petition in the above captioned matter is hereby dismissed. Upon agreement of the parties, the Court directs that in the event that Petitioner does not vacate the leased premises by August 16, 2001, Respondent may proceed to evict him with out further legal process. By the Court, Stipulation The parties, being represented by counsel, stipulate and agree that the Court may enter the above O"r~er. ,.--~ L-~aw Offices of Placey & Wri 3631 North Front Street Harrisburg, PA 17110 (717)236-9577 ~ ,~~ ~~3~/a~ David Lopez, Attorr MIDPENN LEGAL 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ~~~~~