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HomeMy WebLinkAbout03-5045CONNIE TIDD and IN THE COURT OF COMMON PLEAS JAMES TIDD OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. : CIVIL ACTION -LAW ALBERT DEITCH, Defendant NO. 03- 50Y! LAW 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 OF 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, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 CONNIE TIDD and IN THE COURT OF COMMON PLEAS JAMES TIDD OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. : CIVIL ACTION -LAW ALBERT DEITCH, Defendant : NO. 03- 5d Y s' LAW COMPLAINT COMES NOW the above-named Plaintiffs, Connie Tidd and James Tidd, by counsel, Grace D'Alo, Esquire, MidPenn Legal Services, and set forth the following causes of action: COUNTI REPLEVIN COME NOW the above-named Plaintiffs, Connie Tidd and James Tidd, by counsel, Grace D'Alo, Esquire, MidPenn Legal Services, and represent as follows: The plaintiffs, Connie Tidd and James Tidd, are adult individuals residing at 436 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania. 2. The defendant, Albert Deitch, is an adult individual residing at 39 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. In or about February, 2003, Plaintiffs entered into an oral month-to-month agreement with Defendant, providing that Plaintiffs would lease a mobile from Defendant, located at 39A Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, for $300.00 per month (hereinafter: the "rental premises"). Plaintiffs assumed occupancy of the rental premises in or about February 2003. 5. When Plaintiffs assumed occupancy, they agreed to make repairs to the premises in exchange for a waiver of rent for the months of February and March 2003. 6. Plaintiffs were under the belief that Defendant would purchase all supplies necessary for said repairs. 7. Subsequently, Defendant refused to purchase supplies for said repairs, and Plaintiffs discovered that necessary repairs and supplies exceeded the amount they had bargained for. 8. Plaintiffs purchased wood and repaired wood flooring in the bedroom and hallway. 9. Plaintiffs made rent payments to Defendant totaling $600.00 for April and May 2003. 10. Plaintiffs subsequently began withholding rent in June 2003 due to defects in the premises. 11. Plaintiffs complained to Defendant about the defects to no avail. 12. On or about June 24, 2003, Defendant informed Plaintiffs that he was shutting off their access to well water within the home because he believed that Plaintiff, Connie Tidd, had informed PP&L that he had illegally wired electricity to a barn and a farmhouse located on the property. 13. Defendant informed Plaintiffs that he would restore their access to water when electricity to the barn and farmhouse was restored. 14. At no time were Plaintiffs responsible for providing electricity to the barn and farmhouse, nor did they report to PP&L that Defendant had illegally wired electricity to those areas. 15. Defendant at all times maintained access to the pump for Plaintiffs' well in his basement and prevented Plaintiffs' access to the pump. 16. Subsequent to June 24, 2003, Luanne Bentz (hereinafter "Ms. Bentz"), who lives with Defendant, restored Plaintiffs' access to well water by switching the pump that serviced their mobile home back on. 17. However, upon discovering that Plaintiffs' access to water was restored, Defendant again switched the pump off. 18. On several occasions subsequent to June 24, 2003, Ms. Bentz turned the pump back on. However, upon discovering that the pump was on, Defendant turned it off. 19. On August 6, 2003, a letter was sent to Defendant informing him that denying Plaintiffs' access to water amounts to a constructive eviction and is not permitted by law. A copy of the letter is attached hereto as Exhibit "A". 20. Defendant was also informed that he needed to follow proper landlord-tenant procedures if he wished to evict Plaintiffs. 21. On August 7, 2003, Defendant stated to Plaintiff, Connie Tidd, "I do not have to turn the water back on," and "You girl, are going to be one sorry f---ing lady". 22. On August 11, 2003, Defendant again turned off Plaintiffs' water. 23. On August 13, 2003, Attorney John Porter, who represents Defendant in other matters, was contacted concerning the situation, and on August 14, 2003, Defendant turned Plaintiffs' water back on. 24. However, on August 15, 2003, after business hours, Defendant again shut off Plaintiffs' water. 25. Defendant's actions placed Plaintiffs at risk of physical harm and illness. 26. Plaintiff Connie Tidd suffers from back pain and diabetes and informed Defendant of these conditions and the danger that lack of water may cause to her health. 27. During the time periods that Plaintiffs were without running water in their home, they had to carry buckets of water from the well located approximately fifty feet to the rental premises, aggravating Plaintiff Connie Tidd's back problems. 28. Plaintiffs had to bathe in cold water and carry in buckets of water to flush their toilet. 29. Plaintiffs also had to turn off their hot water heater each time that they were without water because they were afraid that the tank could explode because of increased pressure. 30. Defendant's actions created unsanitary conditions in the rental premises. 31. Plaintiffs were effectively denied use and enjoyment of the rental premises due to Defendant's actions. 32. Rather than remain on the rental premises without water, during the week ending August 23, 2003, Plaintiffs took some of their personal items and went to stay at a relative's home. 33. Ms. Bentz subsequently telephoned Plaintiffs and informed them that the locks to the rental premises had been changed and that another couple was living there. 34. Plaintiffs went to the rental premises during the weekend of August 23, 2003, and were given a Notice To Quit by Cheryl Blumstein, who was occupying the rental premises at the time. 35. At no time has Defendant commenced legal eviction proceedings to evict Plaintiff or obtained a court order granting Defendant possession of the rental premises. 36. Defendant's above-described conduct constitutes a "self-help" eviction of Plaintiffs in violation of Pennsylvania law, including but not limited to the Landlord and Tenant Act of 1951 (68 P.S. § 250.101 et seq.), and the public policy of the Commonwealth of Pennsylvania. 37. When Plaintiffs contacted Defendant concerning their personal property, he informed them that they could retrieve the property on August 31, 2003. He requested that they telephone Luanne Bentz on August 31, 2003, to make arrangements for such retrieval. 38. On August 31, 2003, Plaintiffs telephoned Luanne Bentz and were informed that Defendant was no longer agreeable to their retrieving the property. 39. Between August 31, 2003, and September 5, 2003, Plaintiffs again made contact with Defendant to retrieve their property. However, Defendant informed them that they were not welcome on the premises and that he would shoot them if they showed up. 40. Subsequently, Defendant gave Plaintiffs a note that states that Plaintiffs are not permitted on the premises. A copy of the letter is attached hereto as Exhibit "B". 41. On September 10, 2003, Plaintiffs demanded in writing that Defendant return said property to Plaintiffs but Defendant refused and still refuses to comply with said demand, a copy of which is attached hereto as Exhibit "C", and by reference made a part hereof. 42. Plaintiffs own and are entitled to the immediate possession of the following personal property: a. Clothing b. Dishes C. Floor Model TV d. Headboard e. 3 Dressers f. Motorcycle g. Tools h. Fishing Rods i. Pool Sticks j. Kitchen Table & Chairs k. Lawn Chairs 1. Lantern M. Touch Lamp n. Lamps o. Boxes of personal effects, including knick-knacks, pictures, etc. (The last known location for these boxes was in the back bedroom of the mobile home.) P. Microwave Oven q. Computer Stand 43. The value of said property is approximately $2,500.00-$5,000.00. 44. Defendant wrongfully and without Plaintiffs' consent denied Plaintiffs' possession of their personal property by changing the locks to the rental premises. 45. Defendant has wrongfully detained said property since approximately August 23, 2003, and still wrongfully detains said property at 39A Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 46. Defendant's wrongful detention of said property has prevented Plaintiffs from using same, all to their damage. 47. Plaintiffs are indigent and are financially unable to pay any court costs, including filing fees and sheriff s costs, or to post bond or other security. WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief: a. Enter an Order directing the Prothonotary to issue a Writ of Possession to the Sheriff directing the Sheriff to seize the aforementioned property, or in the alternative, issue a judgment for damages in the amount of $2,500.00-$5,000.00, the value of the aforementioned personal property. Direct Defendant to pay all costs; C. Relieve Plaintiffs from the payment of all costs, including the posting of bond; d. Grant such other relief as the court may deem reasonable and just. COUNT II Breach of the Implied Warranty of Habitability 43. Plaintiffs repeat and incorporate by reference the averments set forth above in paragraphs 1 through 42. 44. From February 2003 until August 2003, when Plaintiffs were in possession of the premises, Plaintiffs encountered numerous defects in the premises, including but not limited to the following: a. No stove within the rental premises, requiring Plaintiffs to use a hot plate for cooking; b. The furnace was inoperative and provided no heat, requiring Plaintiffs to use kerosene heaters, which created a fire hazard and did not adequately heat the home; C. Dangerous and defective electrical wiring, switches and outlets throughout the home; d. Defective flooring throughout the home; e. Broken windows; f Leaking roof throughout home; g. Leaking porch roof, h. Kitchen cabinets were rotting; one fell down due to the rotting. Plaintiffs were unable to store food or other items in these cabinets; i, Sewage seeped up through ground around the home; j. Lack of water due to Defendant repeatedly turning off the well pump serving their home. 45. Plaintiffs repeatedly informed Defendant of the above-stated defects throughout their tenancy and provided Defendant with a reasonable opportunity to correct them, but Defendant failed to repair said defects. 46. Due to Defendant's failure to repair said defects, Plaintiffs withheld rent payments from June 2003 until August 2003, when they chose to vacate the premises. 47. Defendant was in breach of the implied warranty of habitability by his failure to repair said defects. 48. By virtue of said defects, Defendant endangered the health and safety of Plaintiffs, caused them to suffer illness, substantial hardship, annoyance and inconvenience, and substantially reduced their use of the rental premises. 49. Because of the substantial reduction in use of the rental premises to Plaintiffs due to Defendant's breach of the implied warranty of habitability, Plaintiffs owed no rent for the months of February 2003, through August 2003, and are entitled to a refund of $600.00 for rent paid to Defendant during said months. WHEREFORE, Plaintiffs respectfully request judgment in their favor and against Defendant in the amount of $600.00. COUNT III Violation of the Unfair Trade Practices and Consumer Protection Law 50. Plaintiffs repeat and incorporate by reference the averments set forth above in paragraphs 1 through 50. 51. At all times relevant hereto, Defendant was engaged in trade or commerce as defined in the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-2(3). 52. Defendant's conduct in unlawfully evicting Plaintiffs from their residence constitutes an unfair or deceptive act or practice within the meaning of 73 P.S. Section 201-2(4). 53. Plaintiffs have suffered and will continue to suffer ascertainable losses of money and property as the result of Defendant's above-described acts. WHEREFORE, Plaintiffs respectfully pray that judgment be entered against Defendant for the following: a. Plaintiffs' actual damages; or, in the alternative, $100.00 for each violation of the Unfair Trade Practices and Consumer Protection Law if said sum is greater than Plaintiffs' actual damages, pursuant to 73 P.S. Section 201-9.2. b. Statutory damages of three (3) times Plaintiffs' actual damages, but not less than $100.00, pursuant to 73 P.S. Section 201-9.2. C. Such other and further relief as may be just and proper. COUNTIV Punitive Damages 54. Paragraphs 1 through 54 are incorporated herein by reference. 55. Defendant's acts were and are intentional, willful, wanton, reckless, evil, outrageous and perpetrated with total disregard for the laws of this Commonwealth and its public policy, thus entitling Plaintiffs to the award of punitive damages. WHEREFORE, Plaintiffs respectfully pray judgment be entered against the Defendant for the following: a. An appropriate sum of punitive damages; b. Grant of such other relief as the Court may deem reasonable and just. Respectfully submitted, qq qq ul Date: Gra e Alo Atto y for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION We, Connie Tidd and James Tidd, hereby verify that that we have read the foregoing Complaint, and that the statements of fact therein are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Date: q i";l 31 o3 Date:`( 93 / C3 cConnie Tidd Jjes Tidd MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 w n-ddpenn.org August 6, 2003 Albert Deitch 39 Green Hill Road Mechanicsburg, PA 17050 RE: James and Connie Tidd Dear Mr. Deitch: This office has been contacted by Connie and James Tidd, who rent a mobile home from you located at 39A Green Hill Road in Mechanicsburg. Mr. and Ms. Tidd inform me that you have repeatedly turned off their water. This amounts to a constructive eviction of them from the property even though you have not filed an eviction action in court. "Self-help" eviction, including shutting off the tenants' utilities, is not permitted, even if you believe the tenants have broken the lease or owe rent. Under the law, you are only permitted to evict a tenant who does not leave voluntarily by instituting a court action and obtaining an order granting you possession of the premises. In the event you continue to turn off the water or otherwise attempt to evict my clients unlawfully, I will advise them to seek an injunction from the Cumberland County Court of Common Pleas enjoining you from interfering with their right to occupy the dwelling and to sue you for any damages she may suffer. In addition, I will direct them to file criminal charges against you, if appropriate. If you have any questions concerning your rights and responsibilities as a landlord, I strongly suggest that you speak with an attorney. Thank you for your attention to this matter. Sincerely, MIDPENN LEGAL ERVICES Pamela G. Smith Law Clerk EXHIBIT A Vii! LSC AO EXHIBIT Iq u Y MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 www.niidpelm.org September 10, 2003 Albert Deitch 39 Green Hill Road Mechanicsburg, PA 17050 RE: James and Connie Tidd Dear Mr. Deitch: Connie and James Tidd have informed me that you are currently in possession of their furniture and personal effects. I have informed my clients, the Tidds, that your continued possession of their property is in my opinion unlawful. My clients do not wish to pursue legal action but will without hesitation if they cannot retrieve their property. Please contact me immediately to make arrangements for the return of their personal property. (For your convenience, I have attached a list of these items.) If you do not contact me by Friday, September 12, 2003, I will proceed against you by filing an appropriate action with the District Justice or Common Pleas Court. If successful, these actions could result in your being obligated for damages in an amount three times the value of the property. As we discussed in my office, my clients are willing to settle this matter by simply retrieving their property. I urge you to reconsider this option. You may recall that I previously contacted you in my letter of August 6, 2003, concerning the Tidds, who were renting a mobile home from you located at 39A Green Hill Road in Mechanicsburg. At that time, they informed us that you repeatedly shut off their access to water. In my office, on September 10, 2003, you admitted to shutting off their water. I informed you that this action amounted to an eviction of them from the property even though you had not filed an eviction action in court. Following my letter, you again shut off Mr. and Mrs. Tidd's access to water. However, rather than pursuing an action against you in court, Mr. and Mrs. Tidd chose to move out. Mr. and Mrs. Tidd now inform me that you changed the locks while they were in the process of vacating the premises and that you are currently in possession of their personal property. As I informed you in my previous letter, "self-help" eviction, including changing the locks, is not permitted under Pennsylvania law, even if you believe that the tenants have broken the lease or owe rent. Under the law, you are only permitted to evict a tenant who does not leave voluntarily by instituting a court action and obtaining an order granting you possession of the premises. In addition, you may not seize property belonging to another without taking appropriate legal action. EXHIBIT G LSC Iff If you have any questions concerning your rights and responsibilities as a landlord, I strongly suggest that you speak with an attorney. Thank you for your attention to this matter. Sincerely, MBXENN LEGAL SEVWICES Pamela G. Smith Law Clerk k a/ QQO ce D'Alo A orney-at-Law Enclosure cc: James and Connie Tidd g EXHIBIT i C List of Items Belonging to James and Connie Tidd that are Currently in Your Possession I. Clothing 2. Dishes 3. Floor Model TV 4. Bed, including headboard 5. 3 Dressers 6. Motorcycle 7. Tools 8. Fishing Rods 9. Pool Sticks 10. Kitchen Table & Chairs 11. Lawn Chairs 12. Lantern 13. Touch Lamp 14. Lamps 15. Boxes of personal effects, including knick-knacks, pictures, etc. (The last known location for these boxes was in the back bedroom of the mobile home.) EXHIBIT CONNIE TIDD and JAMES TIDD V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA CIVIL ACTION - LAW REPLEVIN ALBERT DEITCH, To the Prothonotary: Defendant : NO. 03- 5-6Y ? LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow the plaintiffs in this action, Connie Tidd and James Tidd, to proceed in forma an uneris. I, Grace D'Alo, attorney for the parties proceeding in forma ap uneris, certify that I believe the parties are unable to pay the costs and that I am providing free legal services to the parties. it G ac D'Alo Att ey for Plaintiffs MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CONNIE TIDD and IN THE COURT OF COMMON PLEAS JAMES TIDD OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. : CIVIL ACTION - LAW REPLEVIN ALBERT DEITCH, Defendant NO. 03- 50Y5? LAW NOTICE OF HEARING FOR SEIZURE OF PROPERTY To: Albert Deitch 39 Green Hill Road Mechanicsburg, PA 17050 You are hereby notified that: 1. Plaintiff has commenced an action of replevin and has filed a motion for seizure of the property described in the complaint. A copy of the complaint and motion is attached to this notice. 2. A hearing on this matter has been scheduled on the day of , 2003, at , _.m. in Courtroom No. on the 4`h Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. 4. Your failure to appear at the hearing may result in the seizure of the property claimed by Plaintiff before a final decision in this case. Date: a e D'Alo, Esquire A o ey for Plaintiffs MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 CONNIE TIDD and IN THE COURT OF COMMON PLEAS JAMES TIDD OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. : CIVIL ACTION -LAW ALBERT DEITCH, REPLEVIN Defendant : NO. 03- LAW RULE And now, this day of September, 2003, upon consideration of the motion for writ of seizure filed on behalf of the Plaintiffs, Connie and James Tidd, a Rule is hereby entered upon the Defendant, Albert Deitch, to appear and show cause, if any there be, why the relief requested in the Plaintiffs' motion for writ of seizure should not be granted. Rule returnable for answer and hearing the day of , 2003, at , _.m. in Courtroom No. _, on the 4`h Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. The requirement for the filing of a bond is waived. The Cumberland County Sheriff shall make service upon the Defendant in this matter without requiring the prepayment of costs. BY THE COURT, J. CONNIE TIDD and IN THE COURT OF COMMON PLEAS JAMES TIDD OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. : CIVIL ACTION -LAW REPLEVIN ALBERT DEITCH, Defendant NO. 03- 3-6'/ S? LAW PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The Plaintiffs, Connie Tidd and James Tidd, by and through their counsel, Grace D'Alo, Esq., MidPenn Legal Services, hereby submits, pursuant to Pa.R.C.P. 1075. 1, their motion for writ of seizure, against the Defendant, Albert Deitch, as follows: The plaintiffs, Connie Tidd and James Tidd, are adult individuals residing at 436 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania. 2. The defendant, Albert Deitch, is an adult individual residing at 39 Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. In or about February, 2003, Plaintiffs entered into an oral month-to-month agreement with Defendant, providing that Plaintiffs would lease a mobile from Defendant, located at 39A Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, for $300.00 per month (hereinafter: the "rental premises"). 4. Plaintiffs assumed occupancy of the rental premises in or about February 2003. 5. When Plaintiffs assumed occupancy, they agreed to make repairs to the premises in exchange for a waiver of rent for the months of February and March 2003. 6. Plaintiffs were under the belief that Defendant would purchase all supplies necessary for said repairs. Subsequently, Defendant refused to purchase supplies for said repairs, and Plaintiffs discovered that necessary repairs and supplies exceeded the amount they had bargained for. Plaintiffs purchased wood and repaired wood flooring in the bedroom and hallway. 9. Plaintiffs made rent payments to Defendant totaling $600.00 for April and May 2003. 10. Plaintiffs subsequently began withholding rent in June 2003 due to defects in the premises. It. Plaintiffs complained to Defendant about the defects to no avail. 12. On or about June 24, 2003, Defendant informed Plaintiffs that he was shutting off their access to well water within the home because he believed that Plaintiff, Connie Tidd, had informed PP&L that he had illegally wired electricity to a barn and a farmhouse located on the property. 13. Defendant informed Plaintiffs that he would restore their access to water when electricity to the barn and farmhouse was restored. 14. At no time were Plaintiffs responsible for providing electricity to the barn and farmhouse, nor did they report to PP&L that Defendant had illegally wired electricity to those areas. 15. Defendant at all times maintained access to the pump for Plaintiffs' well in his basement and prevented Plaintiffs' access to the pump. 16. Subsequent to June 24, 2003, Luanne Bentz (hereinafter "Ms. Bentz"), who lives with Defendant, restored Plaintiffs' access to well water by switching the pump that serviced their mobile home back on. 17. However, upon discovering that Plaintiffs' access to water was restored, Defendant again switched the pump off. 18. On several occasions subsequent to June 24, 2003, Ms. Bentz turned the pump back on. However, upon discovering that the pump was on, Defendant turned it off. 19. On August 6, 2003, a letter was sent to Defendant informing him that denying Plaintiffs' access to water amounts to a constructive eviction and is not permitted by law. A copy of the letter is attached hereto as Exhibit "A". 20. Defendant was also informed that he needed to follow proper landlord-tenant procedures if he wished to evict Plaintiffs. 21. On August 7, 2003, Defendant stated to Plaintiff, Connie Tidd, "I do not have to turn the water back on," and "You girl, are going to be one sorry f---ing lady". 22. On August 11, 2003, Defendant again turned off Plaintiffs' water. 23. On August 13, 2003, Attorney John Porter, who represents Defendant in other matters, was contacted concerning the situation, and on August 14, 2003, Defendant turned Plaintiffs' water back on. 24. However, on August 15, 2003, after business hours, Defendant again shut off Plaintiffs' water. 25. Defendant's actions placed Plaintiffs at risk of physical harm and illness. 26. Plaintiff Connie Tidd suffers from back pain and diabetes and informed Defendant of these conditions and the danger that lack of water may cause to her health. 27. During the time periods that Plaintiffs were without running water in their home, they had to carry buckets of water from the well located approximately fifty feet to the rental premises, aggravating Plaintiff Connie Tidd's back problems. 28. Plaintiffs had to bathe in cold water and carry in buckets of water to flush their toilet. 29. Plaintiffs also had to turn off their hot water heater each time that they were without water because they were afraid that the tank could explode because of increased pressure. 30. Defendant's actions created unsanitary conditions in the rental premises. 31. Plaintiffs were effectively denied use and enjoyment of the rental premises due to Defendant's actions. 32. Rather than remain on the rental premises without water, during the week ending August 23, 2003, Plaintiffs took some of their personal items and went to stay at a relative's home. 33. Ms. Bentz subsequently telephoned Plaintiffs and informed them that the locks to the rental premises had been changed and that another couple was living there. 34. Plaintiffs went to the rental premises during the weekend of August 23, 2003, and were given a Notice To Quit by Cheryl Blumstein, who was occupying the rental premises at the time. 35. At no time has Defendant commenced legal eviction proceedings to evict Plaintiff or obtained a court order granting Defendant possession of the rental premises. 36. Defendant's above-described conduct constitutes a "self-help" eviction of Plaintiffs in violation of Pennsylvania law, including but not limited to the Landlord and Tenant Act of 1951 (68 P.S. § 250.101 et seq.), and the public policy of the Commonwealth of Pennsylvania. 37. When Plaintiffs contacted Defendant concerning their personal property, he informed them that they could retrieve the property on August 31, 2003. He requested that they telephone Luanne Bentz on August 31, 2003, to make arrangements for such retrieval. 38. On August 31, 2003, Plaintiffs telephoned Luanne Bentz and were informed that Defendant was no longer agreeable to their retrieving the property. 39. Between August 31, 2003, and September 5, 2003, Plaintiffs again made contact with Defendant to retrieve their property. However, Defendant informed them that they were not welcome on the premises and that he would shoot them if they showed up. 40. Subsequently, Defendant gave Plaintiffs a note that states that Plaintiffs are not permitted on the premises. A copy of the letter is attached hereto as Exhibit "B" 41. On September 10, 2003, Plaintiffs demanded in writing that Defendant return said property to Plaintiffs but Defendant refused and still refuses to comply with said demand, a copy of which is attached hereto as Exhibit "C", and by reference made a part hereof. 42. Plaintiffs own and are entitled to the immediate possession of the following personal property: a. Clothing b. Dishes c. Floor Model TV d. Headboard e. 3 Dressers f Motorcycle g. Tools h. Fishing Rods i. Pool Sticks j. Kitchen Table & Chairs k. Lawn Chairs 1. Lantern m. Touch Lamp n. Lamps o. Boxes of personal effects, including knick-knacks, pictures, etc. (The last known location for these boxes was in the back bedroom of the mobile home.) p. Microwave Oven q. Computer Stand 43. The value of said property is approximately $2,500.00-$5,000.00. 44. Defendant wrongfully and without Plaintiffs' consent denied Plaintiffs' possession of their personal property by changing the locks to the rental premises. 45. Defendant has wrongfully detained said property since approximately August 23, 2003, and still wrongfully detains said property at 39A Green Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 46. Defendant's wrongful detention of said property has prevented Plaintiffs from using same, all to their damage. 47. Plaintiffs are indigent and are financially unable to pay any court costs, including filing fees and sheriffs costs, or to post bond or other security. WHEREFORE, the Plaintiffs respectfully request this Court to enter an Order directing the Prothonotary to issue a writ of seizure to the Sheriff directing the Sheriff to seize the above- described personal property. Respectfully submitted, 4 l? a e D'Alo, Esquire A orney for Plaintiffs MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION We, Connie Tidd and James Tidd, hereby verify that we have read the foregoing Motion for Writ of Seizure, and that the statements of fact therein are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 P.S. Section 4404, relating to unsworn falsification to authorities. Date: 1 1 031 Ov Nx' " l.tr.R Connie Tidd Date: Uol e3 ji4",,.. ?` t+ James Tidd CONNIE TIDD and IN THE COURT OF COMMON PLEAS JAMES TIDD OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v : CIVIL ACTION -LAW REPLEVIN ALBERT DEITCH, Defendant NO. 03- 4011 LAW RULE And now, this /Z7 day of September, 2003, upon consideration of the motion for writ of seizure filed on behalf of the Plaintiffs, Connie and James T dd, a Rule is hereby entered upon the Defendant, Albert Deitch, to appear and show cause, if any there be, why the relief requested in the Plaintiffs' motion for writ of seizure should not be granted. Rule returnable for answer and hearing the ZS4tday of 4Z&& 2003, at A01 1A A.m. in Courtroom No. S, on the 4`h Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The requirement for the filing of a bond is waived. The Cumberland County Sheriff shall make service upon the Defendant in this matter without requiring the prepayment of costs. B J. tip s? mNvAlASNN3d ,lt.N^iC'?1 r^.i4nult?'JVf10 U :Z Wd nZ d3S S-0 9.. t', Jld-l O elf CONNIE TIDD and IN THE COURT OF COMMON PLEAS OF JAMES TIDD, ' Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ALBERT DEITCH, REPLEVIN Defendant N0. 03-5045 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of October, 2003, after hearing, it is ordered and directed as follows: 1. The Plaintiffs are granted access to the property on 39A Green Hill Road, Silver Spring Township, Mechanicsburg, Pennsylvania, on Saturday, October 4, 2003, between the hours of noon and 4:00 p.m., to obtain possession of the property listed in Plaintiff's Exhibit No. 3. 2. The Defendant, and/or the current occupants of the property, are prohibited from denying access to the Plaintiffs for the limited purpose of recovering the items listed in Plaintiff's Exhibit No. 3. 3. Albert Deitch is prohibited from being within 500 feet of 39A Green Hill Road on Saturday, October 4, 2003, between the hours of noon and 4:00 p.m. Luann Bentz shall serve as his agent for the transfer of the property to the Plaintiffs. Grace D'Alo, Esquire MidPenn Legal Services For the Plaintiffs Albert Deitch 39 Green Hill Road Mechanicsburg, PA 17050 Defendant, Pro se Sheriff o - 2 - 0 3 srs ??ti?? K'?,ti?i P' ?l?r,,,>=? ?? y??? ????nry-... _. ? - i`JO ?fl ?? :tlds?i ?., ?,? ? .,: ,? ? .. ?,,_ SHERIFF'S RETURN - REGULAR CASE NO: 2003-05045 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TIDD CONNIE ET AL VS DEITCH ALBERT RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN, RUL was served upon DEITCH ALBERT the DEFENDANT at 0835:00 HOURS, on the 26th day of September, 2003 at 39 GREEN HILL ROAD MECHANICSBURG, PA 17055 LUANN BENTZ, TENANT, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - REPLEVIN, RULEtogether with NOTICE OF HEARING FOR SEZURE OF PROPERTY, AND MOTION and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this .24,a_ day of ,10PC4FO .2 003 A. D. 0-71 5-k? rothonotary So Answers: R. Thomas Kline 00/00/0000 LS By: ?D-Auty Sheriff Curtis R. Long Prothonotary office of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0 3 - Sn42 ' CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573