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Home My WebLink About99-07680 u a u 4 i J r Y, ? r ti PENNSYLVANIA STATE CONSTABLE IRVING WALLACE AFFADAVIT OF SERVICE CUMBERLAND COUNTY FOR: Z' i)e'j U F?/cr d2a,,L 0 C, t3 ROBERT E. SHIELDS and CHARLES M. GREEN, JR., Plaintiffs V. GLENN E. HOCKENBERRY, Defendant DOCKET N0: 99-7680 EQUITY TERM REGARDS: G 4,C' N 1J z'-- L(o c k /; W 49/1 r r INJUNCTION & CIVIL COMPLAINT & ORDER OF COURT issued 12/28/99 REMARKS: S,e K Ur, /1(. 6-6 C,?i C _p-6C0P 0417-& N't -7;y0 W/2 /2-2c'-9y raR. 1jcc/r/,-,? /afhn%/ Please Remit Fee Of * 2 J- 0 ° i b 5 E. Louther Street, Carlisle, PA 17013 -3026 Phone # 717-243-6778 Fax # 717-243-7937 LA rs c k ./-/ ??0 1?, 13 Q L-? Irving Wallace PA State Constable Pager # 717-241-7557 - - ,.4r1% Mfr d: ?. ROBERT E. SHIELDS and CHARLES M. GREEN, JR., Plaintiffs V. GLENN E. HOCKENBERRY, Defendant CIVIL ACTION - EQUITY NO. 99-7680 EQUITY TERM ORDER OF COURT AND NOW, this 30th day of December, 1999, this matter having been called before the court this date, a special injunction is ordered in which Robert E. Shields and Charles M. Green, Jr., are authorized to remove all of their personal property and effects from 150 Fern Avenue, Carlisle, Cumberland County, not later than Saturday, January 1, 2000. Defendant, Glenn E. Hockenberry, shall provide plaintiffs access to the property without hinderance during those two days until such time as all of plaintiffs, personal property is removed. Plaintiffs shall post cash recognizance for the purposes of the issuance of this injunction with the property in the amount of $1.00. Gregory L. Cutler, Esquire For Plaintiffs Glenn E. Hockenberry, pro se 350 G Street Carlisle, PA 17013 Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA prs By the Cour-t. /-% COf P,u,a AQAI JLIJ A/ P`rl? ,2.s. 5._.- ROBERT E. SHIELDS and CHARLES M. GREEN, JR., Plaintiffs V. GLENN E. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 44- -74jb ORDER OF COURT c??y`" AND NOW, this : day of &ce,),c,lJJ(?l , LaIS,, in consideration of the Plaintiffs' Petition for Emergency Relief in the Form ofa Petition for Special Injunction, Ow ?BeSendmk is enjeinepkfro 4j laUnin 1n2t IVtCA S ILG? Hearm iajaxekiotris schednled.{er the -5?6k day of ?iF t t211 at / . OG o'clock, .4 M., in Courtroom No. c;? , Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, J. la -029 - RKs ?- C'= 2 ?J Cam. Ur U' ?` 4 r. 11= ROBERT E. SHIELDS and CHARLES M. GREEN, JR., Plaintiffs V. GLENN E. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. PETITION FOR EMERGENCY RELIEF IN THE. FORM OF A PETITION FOR SPECIAL INJUNCTION The Plaintiffs, Robert E. Shields and Charles M. Green, Jr., by and through their attorneys, The Law Offices of Paul Bradford Orr, pursuant to Pennsylvania-Rule of Civil Procedure 1531, files this Petition for Special Injunction and respectfully represents the following: 1. Plaintiff Robert E. Shields is an adult individual, residing in Cumberland County, Pennsylvania. 2. Plaintiff Charles M. Green, Jr., is an adult individual, residing in Cumberland County, Pennsylvania. 3. Defendant, Glenn E. Hockenberry, is an adult individual, believed to be residing at 350 G Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. The parties entered into a verbal lease on June 27, 1994. 5. The lease was month to month and could be terminated by either party upon proper notice. 6. The Defendant informed Plaintiffs during the first week of October, 1999, that he was terminating their lease. 7. On October 27, 1999, the Defendant revoked his termination notice and informed Plaintiffs they could stay. 8. The Plaintiffs did not pay rent for November. 9. The Defendant sued the Plaintiffs for rent that was due for November. 10. On November 30, 1999, the Defendant won judgment for November's rent before District Justice Paula Correal. 11. During the first week of December, 1999, the Plaintiffs were served with an eviction notice that stated they had to leave the premises by December 21, 1999. 12. On December 20, 1999, Plaintiff Robert Shields had a conversation with Defendant regarding the December 21 ", 1999, deadline. 13. The Defendant gave implied consent to Plaintiffs to move their belongings on December 24, 1999. 14. On December 21, 1999, Plaintiff Charles M. Green, Jr., went back to the apartment to begin moving his belongings. 15. Notices were posted that prohibited Plaintiffs from entering the premises. 16. Constable Irving Wallace told Defendant that he could not prevent Plaintiffs from retrieving their property. 17. If Defendant had not given implied extension to December 24, 1999, Plaintiffs would have completed moving by December 21, 1999. 18. The Plaintiffs' property is currently in the possession of the Defendant. 19. The Plaintiffs' property includes, but is not limited to: a. Checkbook b. Bills to be paid c. Antique firearms d. Clothes e. Prescription medications for acid reflux and diabetes 20. Immediate and irreparable injury will be sustained by Plaintiffs if the Defendant converts their personal property. WHEREFORE, Plaintiffs Robert E. Shields and Charles M. Green, Jr., respectfully request that this Court enjoin Defendant from disposing of and/or harming Plaintiffs' property. Respectfully submitted, Date: LAW OFFICES OF PAUL BRADFORD ORR "'? / r4?4 Gregorytier, Esquire For the Plaintiffs 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 73471 I vcrilj that the statements made in the foregoing Petition for Emergency Relief ore true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to onsworn falsification to authorities. DATE: M -??A 99 vLx, / r I G V C,?, L I verify that the statements made in the foregoing petition for Emergency Relief arc true and correct. I understand that false statements herein tire made subject to the penalties of Pa. C.S. § 4904, relating to unsworn lidsilication to authorities. DATE: / -'J, -a8-9 ROBERT E. SHIELDS and CHARLES M. GREEN, JR., Plaintiffs V. GLENN E. HOCKENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 99-7680 EQUITY TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 Phone: (717) 249-3166 ROBERT E. SHIELDS and : IN THE COURT OF COMMON PLEAS OF CHARLES M. GREEN, JR., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVII, ACTION - EQUITY V. NO. 99-7680 EQUITY TERM GLENN E. I-IOCKENBERRY, Defendant COMPLAINT The Plaintiffs, Robert E. Shields and Charles M. Green, Jr., by and through their attorneys, The Law Offices of Paul Bradford Orr, respectfully set forth the following cause of action. 1. Paragraphs 1 through 20 of the Plaintiffs' Petition for Special Injunction are incorporated herein. 2. Plaintiffs bought parts and performed work on the Defendant's premises and were never compensated. 3. Defendant changed terms of the verbal lease after Plaintiffs had moved in, thereby forcing the Plaintiffs to incur additional expenses. 4. The Defendant's conduct has been malicious and wanton. WHEREFORE, Plaintiffs, Robert E. Shields and Charles M. Green, Jr., respectfully request that this Court grant judgment in their favor and against Defendant, Glenn E. request that this Court grant judgment in their favor and against Defendant, Glenn E. Hockenberry, for compensatory and punitive damages in excess of $8,000. Respectfully submitted, LAW OFFICES OF PAUL BRADFORD ORR rego L. u er, Esquire For the Plaintiffs 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 73471 VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) GREGORY L. CUTLER, ESQUIRE, states that he is the attorney for Robert E. Shields and Charles M. Green, Jr., the parties filing this Complaint; that he makes this affidavit as attorney, because he has sufficient knowledge or information and belief, based upon his 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. §4904, relating to unswom falsification to authorities. V -14 Gregory I Attorney DATE: 12/28/99 ?? C__ L!1 If: ?i- jl: ?)! t:.. ( .•_ '_1 C? ` 1 _ _ L _ I??.-. No. "f 1 ° /?d0 U Term C ru 1 o vs. I TITLE OF PAPER Received (? ??? ?{ C7 Atty. CUMBERLAND COUNTY PROTIIONOTARY'S OFFICE