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HomeMy WebLinkAbout04-0947AIMEE LEADER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY RICHARD PHELAN, Defendant NO. 04- !y I EQUITY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow the plaintiff in this action, Aimee Leader, to proceed in forma au eris. I, Pamela G. Smith, attorney for the parties proceeding in forma ao uperis, certify that I believe the plaintiff is unable to pay the costs and that I am providing free legal services to the parties. _ _ A;tRZ Aamelamith, Esquire Attorney for Plaintiffs MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MAR 0 5 2004 AIMEE LEADER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -EQUITY RICHARD PHELAN, Defendant NO. 04-94 EQUITY 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AIMEE LEADER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -EQUITY RICHARD PHELAN, Defendant : NO. 04- Qy4 EQUITY COMPLAINT COMES NOW the above-named Plaintiff, Aimee Leader, by counsel, Pamela G. Smith, Esquire, MidPenn Legal Services, and sets forth the following causes of action: COUNTI Self-Help Eviction 1. The plaintiff, Aimee Leader, is an adult individual residing at 28 West Main Street, Apartment 3, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter: "the rental premises"). 2. The defendant, Richard Phelan, is an adult individual who resides at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. The defendant, Richard Phelan, maintains a business address at 114 East Allen Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. In or about July, 2003, Plaintiff and her husband, Christopher Leader, (hereinafter: "Mr. Leader") entered into a verbal month-to-month lease agreement with Defendant, providing that Plaintiff and Mr. Leader would lease the rental premises from Defendant for $300.00 per month. 5. Pursuant to the afore-mentioned agreement and under Defendant's direction, Sherry Bechtel, Defendant's secretary and agent, issued keys to Mr. Leader for the building and the rental premises. 6. Defendant's secretary and agent accompanied Mr. Leader to the building and the rental premises to ensure that she had given him correct copies of the keys. 7. On or about August 1, 2003, Plaintiff and Mr. Leader assumed occupancy of the rental premises. 8. Mr. Leader's father, Jan David Leader, paid the security deposit to Mr. Phelan in the amount of $300.00. A copy of this check is attached and hereto as Exhibit "A", and by reference made a part hereof. 9. Mr. Leader's father also made one rental payment to Mr. Phelan in the amount of $300.00. A copy of this check is attached and hereto as Exhibit "B", and by reference made a part hereof. 10. At all times relevant to this action, Plaintiff resided at the rental premises. 11. On or about March 1, 2004, Plaintiff discovered a note on her door from Defendant, requesting that she call him. A copy of this note is attached hereto as Exhibit "C", and by reference made a part hereof. 12. On or about March 1, 2004, Plaintiff discovered a note on her door from Defendant, stating that he had been there and that she would be vacated from the apartment by noon the next day. A copy of this note is attached hereto as Exhibit "D", and by reference made a part hereof. 13. Also on or about March 1, 2004, Plaintiff also discovered a note on her television from Defendant stating that she was trespassing and to be out of the rental premises by noon the next day or Defendant would put her out. A copy of this note is attached hereto as Exhibit "E", and by reference made a part hereof. 14. On or about March 1, 2004, Plaintiff telephoned Defendant and requested more time to move her belongings and find somewhere else to go. 15. During this telephone conversation, Defendant informed Plaintiff that he would arrive at noon on Wednesday, March 3, 2004, with the authorities to evict her from the rental premises. 16. Defendant also informed Plaintiff that he would physically remove Plaintiff and throw all of her property onto the sidewalk. 17. On March 2, 2004, Plaintiff contacted MidPenn Legal Services for assistance. 18. On March 3, 2004, Plaintiff s counsel telephoned Defendant and informed him that denying Plaintiff access to the rental premises constitutes a self-help eviction. 19. Plaintiff s counsel also informed Defendant that the provisions of law regarding eviction applied to Plaintiff s occupation of the rental premises and that he would need to follow proper landlord-tenant procedures if he wished to evict Plaintiff. 20. On March 3, 2004, while Plaintiff was removing her belongings from the rental premises, the Defendant unlawfully changed the locks and consequently blocked Plaintiff s re-entry. 21. Plaintiff has since been unable enter the rental premises, and has been denied use and enjoyment of the premises. 22. Defendant has not commenced legal eviction proceedings to evict Plaintiff or obtained a court order granting Defendant possession of the rental premises. 23. Defendant's exclusion of Plaintiff from the rental premises has rendered Plaintiff homeless. 24. Plaintiff suffers from depression and anxiety, and Defendant's actions have caused her to suffer from severe emotional distress. 25. Plaintiff's remaining personal belongings, which she is financially unable to replace, are at risk of being stolen, damaged or destroyed. 26. Defendant's above-described conduct constitutes a "self-help" eviction of Plaintiff in violation of Pennsylvania law, including but not limited to the Landlord and Tenant Act of 1951 (68 P.S. § 250.101. et s.), and the public policy of the Commonwealth of Pennsylvania. 27. Plaintiff requests and is entitled to injunctive relief requiring Defendant to restore her with possession of her home, on the following grounds: a. Plaintiff has no adequate remedy at law b. Plaintiff has suffered and will continue to suffer irreparable harm unless the court grants her injunctive relief. C. Defendant will not suffer irreparable harm by the granting of injunctive relief. d. Injunctive relief is necessary to restore the last peaceable, uncontested status quo, which found Plaintiff in lawful occupation of the rental premises. e. Plaintiff has a clear legal right to the relief she requests, and there is a substantial likelihood she will prevail on the merits of his case. 28. Plaintiff is indigent and is financially unable to pay any court costs, including fling fees and sheriff's costs, or to post bond or other security. 29. Plaintiff's counsel will inform Defendant by telephone when Plaintiff will be filing this Petition and presenting it to the court. WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief: a. Pursuant to Pa. R.C. P. No. 1531(a), issue a preliminary or special injunction prior to written notice to Defendant of a hearing in this matter, enjoining Defendant from denying or continuing to deny Plaintiff the right to peaceably occupy her home, and enjoining Defendant from using any means to dispossess Plaintiff of her home, other than procedures utilized under the Landlord and Tenant Act of 1951. b. Schedule a hearing in this matter and, following said hearing, grant a preliminary and permanent injunction against Defendant enjoining him from denying or continuing to deny Plaintiff peaceable enjoyment of her home, and enjoining Defendant from using any means to dispossess Plaintiff of her home, other than procedures permitted under the Landlord and Tenant Act of 1951. c. Direct Defendant to pay all costs. d. Relieve Plaintiff from the payment of all costs, including the posting of bond. e. Declare that Defendant's "self-help" eviction of Plaintiff is unlawful. f. Grant such other relief as the Court may deem reasonable and just. COUNT II Violation of the Unfair Trade Practices and Consumer Protection Law 27. Plaintiff repeats and incorporates by reference the averments set forth above in paragraphs 1 through 26. 28. 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). 29. Defendant's conduct in unlawfully evicting Plaintiff from her residence constitutes an unfair or deceptive act or practice within the meaning of 73 P.S. Section 201-2(4). 30. Plaintiff has suffered and will continue to suffer ascertainable losses of money and property as the result of Defendant's above-described acts. WHEREFORE, Plaintiff respectfully prays that judgment be entered against Defendant for the following: a. Plaintiff's 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 Plaintiff's actual damages, pursuant to 73 P.S. Section 201-9.2. b. Statutory damages of three (3) times Plaintiff's 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. COUNT III Punitive Damages 31. Paragraphs 1 through 30 are incorporated herein by reference. 32. 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 Plaintiff to the award of punitive damages. WHEREFORE, Plaintiff respectfully requests that a judgment for an appropriate sum of punitive damages be awarded to Plaintiff. f. Grant such other relief as the Court may deem reasonable and just. Respectfully submitted, Date: 514 loq i amela G. Smith, Esquire Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Page 1 of 1 Account: 500037308 Name: JAN DAVID LEADER OR BETTY JANE LEADER Address: 18 BELLMORE RD CAMP HILL PA 17011-7901 17011790118 03/04/04 The image shown below represents an official copy of the original document as processed by our institution JAN DAVID LEADER BEM J: LEADER 16 3 6 ` 18 REUMDRE R0. PN. 71773r4636 NOC6 = CAMP +1)L1, 1'A 17611 or 21-0Y DAiz s ll 3 nRrto nRL $ 3oa a1 ORDER or n. /A POLLARB 8 S - F? Vq1WhMq1nt'-. --1.2313723aW..05/000373 a' 1636 1636 07/28/03 6821370 300.00 - -i DDA Cash On,Us•Check TIrDDNUsCk TELS0719 BRt 045 ACCTS 0500037308 TILL 4501 TRS-46 10:01 07/28/7003 Cz CO-3W 00 • o o _ ac w w Amount 300.00 •,•L - d Cxklk4 ''A http://10.15.1.108/dsi-bin/dsigtwy.dll/print?20030728---6821370.htm 3/4/2004 Page 1 of 1 Account: 500037308 Name: JAN DAVID LEADER OR BETTY JANE LEADER Address: 18 BELLMORE RD CAMP HILL PA 17011-7901 17011790118 The image shown below represents an official copy of the original document as processed by our institution JAN DAVID LEADER ? 1fi39 BETTY J. LEADER 281a 19 WIMORE ID. - PH. 717.797 98E aNDO ! CAMP Ml. PA 17011 OME PAYTOTHE ORDER OF ?WC-U ?/ - Eno C 23137 2387X05000373 11;39 1639 08/04/03 7132110 300.00 der DDA Cash On-Us Check T1r0D0nUsCk TEL#0719 ERs 045 ACCT* 0500037308 TILL `4501 TR# 248 09:39 08/04/2003 Q _ CI CO 300.00 Aawnt 300.00 hhlb,? '' ??, 03/04/04 http:// 10.15.1.108/dsi-bin/dsigtwy.dll/print?2003 0804---713211 0.htm 3/4/2004 cr I) v Cl 7 1 Ic, yo? CA? ?. n'1 lFFnc 1;(,,, -- ?1-6 Yo W/ L c", B5L 4c A-7-9-0 /I; y / ? ? U ?lJ 1 O?1 O? ILG ? ' CIL 1 1 D 1l h; b, CX '-') E BI ?L t ?z lq 6 CD PZ, h c---7- J hx h 611 , , h VERIFICATION I, Aimee Leader, hereby verify that that I have read the foregoing Complaint, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Date: 3-/- V A' ee Leader/ //? Z i-? \ ???\ (? n? - cn ? 1 °? r 'il _i -. ..T, - ?_, -; 'r {r_5 C. AIMEE LEADER, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD PHELAN, CIVIL ACTION - EQUITY Defendant : NO. 04- EQUITY PETITION FOR INJUNCTIVE RELIEF COMES NOW the above-named Plaintiff, Aimee Leader, by counsel, Pamela G. Smith, Esquire, MidPenn Legal Services, and represents as follows: 1. The plaintiff, Aimee Leader, is an adult individual residing at 28 West Main Street, Apartment 3, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter: "the rental premises"). 2. The defendant, Richard Phelan, is an adult individual who resides at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. The defendant, Richard Phelan, maintains a business address at 114 East Allen Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. In or about July, 2003, Plaintiff and her husband, Christopher Leader, (hereinafter: "Mr. Leader") entered into a verbal month-to-month lease agreement with Defendant, providing that Plaintiff and Mr. Leader would lease the rental premises from Defendant for $300.00 per month. 5. Pursuant to the afore-mentioned agreement and under Defendant's direction, Sherry Bechtel, Defendant's secretary and agent, issued keys to Mr. Leader for the building and the rental premises. 6. Defendant's secretary and agent accompanied Mr. Leader to the building and the rental premises to ensure that she had given him correct copies of the keys. 7. On or about August 1, 2003, Plaintiff and Mr. Leader assumed occupancy of the rental premises. 8. Mr. Leader's father, Jan David Leader, paid the security deposit to Mr. Phelan in the amount of $300.00. A copy of this check is attached and hereto as Exhibit "A", and by reference made a part hereof. 9. Mr. Leader's father also made one rental payment to Mr. Phelan in the amount of $300.00. A copy of this check is attached and hereto as Exhibit "B", and by reference made a part hereof. 10. At all times relevant to this action, Plaintiff resided at the rental premises. 11. On or about March 1, 2004, Plaintiff discovered a note on her door from Defendant, requesting that she call him. A copy of this note is attached hereto as Exhibit "C", and by reference made a part hereof. 12. On or about March 1, 2004, Plaintiff discovered a note on her door from Defendant, stating that he had been there and that she would be vacated from the apartment by noon the next day. A copy of this note is attached hereto as Exhibit "D", and by reference made a part hereof. 13. Also on or about March 1, 2004, Plaintiff discovered a note on her television from Defendant stating that she was trespassing and to be out of the rental premises by noon the next day of Defendant would put her out. A copy of this note is attached hereto as Exhibit "E", and by reference made a part hereof. 14. On or about March 1, 2004, Plaintiff telephoned Defendant and requested more time to move her belongings and find somewhere else to go. 15. During this telephone conversation, Defendant informed Plaintiff that he would arrive at noon on Wednesday, March 3, 2004, with the authorities to evict her from the rental premises. 16. Defendant also informed Plaintiff that he would physically remove Plaintiff and throw all of her property onto the sidewalk. 17. On March 2, 2004, Plaintiff contacted MidPenn Legal Services for assistance. 18. On March 3, 2004, Plaintiff's counsel telephoned Defendant and informed him that denying Plaintiff access to the rental premises constitutes a self-help eviction. 19. Plaintiff's counsel also informed Defendant that the provisions of law regarding eviction applied to Plaintiff's occupation of the rental premises and that he would need to follow proper landlord-tenant procedures if he wished to evict Plaintiff. 20. On March 3, 2004, while Plaintiff was removing her belongings from the rental premises, the Defendant unlawfully changed the locks and consequently blocked Plaintiff's re-entry. 21. Plaintiff has since been unable enter the rental premises, and has been denied use and enjoyment of the premises. 22. Defendant has not commenced legal eviction proceedings to evict Plaintiff or obtained a court order granting Defendant possession of the rental premises. 23. Defendant's exclusion of Plaintiff from the rental premises has rendered Plaintiff homeless. 24. Plaintiff suffers from depression and anxiety, and Defendant's actions have caused her to suffer from severe emotional distress. 25. Plaintiff's remaining personal belongings, which she is financially unable to replace, are at risk of being stolen, damaged or destroyed. 26. Defendant's above-described conduct constitutes a "self-help" eviction of Plaintiff in violation of Pennsylvania law, including but not limited to the Landlord and Tenant Act of 1951 (68 P.S. § 250.101. et sue), and the public policy of the Commonwealth of Pennsylvania. 27. Plaintiff requests and is entitled to injunctive relief requiring Defendant to restore her with possession of her home, on the following grounds: a. Plaintiff has no adequate remedy at law b. Plaintiff has suffered and will continue to suffer irreparable harm unless the court grants her injunctive relief. C. Defendant will not suffer irreparable harm by the granting of injunctive relief d. Injunctive relief is necessary to restore the last peaceable, uncontested status quo, which found Plaintiff in lawful occupation of the rental premises. e. Plaintiff has a clear legal right to the relief she requests, and there is a substantial likelihood she will prevail on the merits of his case. 28. Plaintiff is indigent and is financially unable to pay any court costs, including filing fees and sheriff's costs, or to post bond or other security. 29. Plaintiff's counsel will inform Defendant by telephone when Plaintiff will be filing this Petition and presenting it to the court. WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief: a. Pursuant to Pa. R.C. P. No. 1531(a), issue a preliminary or special injunction prior to written notice to Defendant of a hearing in this matter, enjoining Defendant from denying or continuing to deny Plaintiff the right to peaceably occupy her home, and enjoining Defendant from using any means to dispossess Plaintiff of her home, other than procedures utilized under the Landlord and Tenant Act of 1951. b. Schedule a hearing in this matter and, following said hearing, grant a preliminary and permanent injunction against Defendant enjoining him from denying or continuing to deny Plaintiff peaceable enjoyment of her home, and enjoining Defendant from using any means to dispossess Plaintiff of her home, other than procedures permitted under the Landlord and Tenant Act of 1951. C. Direct Defendant to pay all costs. d. Relieve Plaintiff from the payment of all costs, including the posting of bond. e. Declare that Defendant's "self-help" eviction of Plaintiff is unlawful. f. Grant such other relief as the Court may deem reasonable and just. Respectfully submitted, 1 Date: S () 1 L?ilyf Yl (?Hl/ amela G. Smith, Esquire Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Page 1 of 1 03/04/04 Account: 500037308 Name: JAN DAVID LEADER OR BETTY JANE LEADER Address: 18 BELLMORE RD CAMP HILL PA 17011-7901 17011790118 The image shown below represents an official copy of the original document as processed by our institution JAN DAVID LEADER ap BETTY J. LEADER 1636 ` 1E BELLMORE RR PH. 7177374816 09ar67T?09 r.AMY+(1U_PA 17611 ss 2j??9i ''!!]] f ? r DAME s? 77?/?? /yr? PArro7NE ORDER OF Yy DOLLARS - BANK _ ,,... '. _ ?. H YRnhU* ?? . , -R? y s -42313723aND5DDD373 ? 1636 1636 07/28/03 6821370 300.00 - Cs Itch DOA Cash On-Us Check P Q Q TIrDDOnUsCk 7EL#0719 ER; 045 -C ACCTS 0500037308 TILL 4501 h TRS -46 10:01 07/28/2D03 . C1 CO-300.00 - Amount 300.00 Cxh164 '' ?a „ http://10.15.1.108/dsi-bin/dsigtwy.dll/print?20030728---6821370.htm 3/4/2004 Page 1 of 1 Al I Account: 500037308 Name: JAN DAVID LEADER OR BETTY JANE LEADER Address: 18 BELLMORE RD CAMP HILL PA 17011-7901 17011790118 The image shown below represents an official copy of the original document as processed by our institution JAN DAVID LEADER BETTY J. LEADER 23U 5 1639 in S LMOnE HD. PH. 7ir•7arrasm osmatrtae CAMP M.L. PA 17011 ?+' ,, , DAR 1 y rArmrneD-?frlI Y y I $ .1QQ.810 ancer Dr 17Waypoid ?7/, , ,? ter-- PPA09 `, : `•,;c f_ f, `.. "NTWXNZ 1: 313423871:050003?3 &r. 39 1639 08/04/03 7132110 300.00 DD4 Cash On-Us Check T1rDDOnUsCk TELs0719 ERs 045 = ACCTS 0500037308 TILL 4501 TRs 248 09:39 08/04/2003 Q CI CO 300.00 Alsount 300.00 [x h, ?D, ? ?- " 03/04/04 http:// 10.15.1.108/dsi-bin/dsigtwy.dll/print?20030804---713211 0.htm 3/4/2004 D'o cir r v -, 7 Y?)L cL (?- ?% BL 1/4c D ?, CX h; bJ ``E 0 u 14% ISIS Ex h, ki I I I C- IN VERIFICATION I, Aimee Leader, hereby verify that that I have read the foregoing Petition for Injunctive Relief, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. 7 Date:, ' - / - ? imee Leade D' AIMEE LEADER and CHRISTOPHER R. LEADER, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD PHELAN, DEFENDANT 04-0947 EQUITY ORDER OF COURT AND NOW, this f day of March, 2004, a hearing on the within petition for a preliminary injunction shall be conducted at 11:00 a.m., Wednesday, March 10, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the , 771)OLN Edgar B. Bayley, J. Pamela G. Smith, Esquire Legal Services kd' Vt LAI For Plaintiff :sal ? 'C_? ('?-tft 2)- Y'RF6?UPe1 RECORD in TsrM, I hwrs un my heat s-?sl ?C01ft3 Afl *. Pa, AIMEE LEADER and CHRISTOPHER R. LEADER, Plaintiffs V. RICHARD PHELAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REPLEVIN NO. 04- 9 4 ? LAW NOTICE OF HEARING FOR SEIZURE OF PROPERTY To: Richard Phelan 735 South Hanover Street Carlisle, PA 17013 You are hereby notified that: Richard Phelan 114 East Allen Street Mechanicsburg, PA 17055 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. 6 r 1N ??CJ?+I l amela G. Smith, Esquire Attorney for Plaintiffs MIDPENN LEGAL SERVICES ,(( 8 Irvine Row Date: J/d ?ON Carlisle, PA 17013 AIMEE LEADER and CHRISTOPHER R. LEADER, Plaintiffs V. RICHARD PHELAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REPLEVIN Defendant : NO. 04- LAW PLAINTIFF'S MOTION FOR WRIT OF SEIZURE The Plaintiffs, Aimee and Christopher Leader, by and through their counsel, Pamela G. Smith, Esquire, MidPenn Legal Services, hereby submits, pursuant to Pa.R.C.P. 1075. 1, their motion for writ of seizure, against the Defendant, Richard Phelan, as follows: The plaintiff, Aimee Leader, is an adult individual residing at 28 West Main Street, Apartment 3, Mechanicsburg, Cumberland County, Pennsylvania. 2. The plaintiff, Christopher Leader, is an adult individual residing at 18 Bellmore Road, Camp Hill, Cumberland County, Pennsylvania. 3. The defendant, Richard Phelan, is an adult individual residing at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 4. The defendant, Richard Phelan, maintains a business address at 114 East Allen Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. In or about July, 2003, Plaintiff and her husband, Christopher Leader, (hereinafter: "Mr. Leader") entered into a verbal month-to-month lease agreement with Defendant, providing that Plaintiff and Mr. Leader would lease the rental premises from Defendant for $300.00 per month. 6. Pursuant to the afore-mentioned agreement and under Defendant's direction, Sherry Bechtel, Defendant's secretary and agent, issued keys to Mr. Leader for the building and the rental premises. Defendant's secretary and agent accompanied Mr. Leader to the building and the rental premises to ensure that she had given him correct copies of the keys. On or about August 1, 2003, Plaintiff and Mr. Leader assumed occupancy of the rental premises. 9. Mr. Leader's father, Jan David Leader, paid the security deposit to Mr. Phelan in the amount of $300.00. A copy of this check is attached and hereto as Exhibit "A", and by reference made a part hereof. 10. Mr. Leader's father also made one rental payment to Mr. Phelan in the amount of $300.00. A copy of this check is attached and hereto as Exhibit "B", and by reference made a part hereof. 11. At all times relevant to this action, Plaintiff resided at the rental premises. 12. On or about March 1, 2004, Plaintiff discovered a note on her door from Defendant, requesting that she call him. A copy of this note is attached hereto as Exhibit "C", and by reference made a part hereof. 13. On or about March 1, 2004, Plaintiff discovered a note on her door from Defendant, stating that he had been there and that she would be vacated from the apartment by noon the next day. A copy of this note is attached hereto as Exhibit "D", and by reference made a part hereof. 14. Also on or about March 1, 2004, Plaintiff discovered a note on her television from Defendant stating that she was trespassing and to be out of the rental premises by noon the next day or Defendant would put her out. A copy of this note is attached hereto as Exhibit "E", and by reference made a part hereof. 15. On or about March 1, 2004, Plaintiff telephoned Defendant and requested more time to move her belongings and find somewhere else to go. 16. During this telephone conversation, Defendant informed Plaintiff that he would arrive at noon on Wednesday, March 3, 2004, with the authorities to evict her from the rental premises. 17. Defendant also informed Plaintiff that he would physically remove Plaintiff and throw all of her property onto the sidewalk. 18. On March 2, 2004, Plaintiff contacted MidPenn Legal Services for assistance. 19. On March 3, 2004, Plaintiff's counsel telephoned Defendant and informed him that denying Plaintiff access to the rental premises constitutes a self-help eviction. 20. Plaintiff's counsel also informed Defendant that the provisions of law regarding eviction applied to Plaintiff's occupation of the rental premises and that he would need to follow proper landlord-tenant procedures if he wished to evict Plaintiff. 21. On March 3, 2004, while Plaintiff was removing her belongings from the rental premises, the Defendant unlawfully changed the locks and consequently blocked Plaintiff's re- entry. 22. Plaintiff has since been unable enter the rental premises, and has been denied use and enjoyment of the premises. 23. Defendant has not commenced legal eviction proceedings to evict Plaintiff or obtained a court order granting Defendant possession of the rental premises. 24. Defendant's exclusion of Plaintiff from the rental premises has rendered Plaintiff homeless. 25. Plaintiff suffers from depression and anxiety, and Defendant's actions have caused her to suffer from severe emotional distress. 26. Plaintiff's remaining personal belongings, which she is financially unable to replace, are at risk of being stolen, damaged or destroyed. 27. Plaintiffs own and are entitled to the immediate possession of the following personal property: a. 3 Televisions b. 2 VCRs c. DVD Player d. Playstation and games e. CD Player f. 3 Tapestries g. 1 Digital Camera Recorder h. 6 Lamps (3 of which are antiques) i. 7 Various Sizes Antique/Persian rugs j. Sewing Machine k. 8-10 Boxes Herbals/New Age Library 1. Wedding Gown m. Mattress/Box Spring n. Egyptian Cotton Sheets o. 2 Tables p. 2 Oak Bar Stools q. China plates, utensils, dishes r. Jewelry s. Clothing t. Linens, towels & comforters u. Green velvet love seat v. 2 cordless phones & answering machine w. Baby, family, relatives pictures x. Stained glass (small, medium, large) y. Coin collection z. Art supplies, oils & canvases aa. Toolbox w/tools bb. Jewelry making tools cc. Star Wars collectibles dd. Collectible Barbies ee. Wizard of Oz collectibles ff. Tiffany Desk Lamp gg. Floor Fan hh. Pictures & Art ii. Bathroom supplies J. 5 or more coats kk. Plants 11. Dog supplies & pet supplies mm. Mexican Tapestry & blankets nn. Board Games oo. Candles pp. Mirror qq. Cross's rr. Antique hanging lamps ss. Quilt ft. 20 Albums uu. Comic Book Collections w. Vacuum 28. The value of said property is approximately $35,000.00-40,000.00. 29. Defendant wrongfully and without Plaintiffs' consent denied Plaintiffs' possession of their personal property by changing the locks to the rental premises. 30. Defendant has wrongfully detained said property since approximately March 3, 2004, and still wrongfully detains said property. 31. Defendant's agents were witnessed removing said property from the rental premises on March 4, 2004. Therefore, the current whereabouts of the property are unknown. 32. Defendant's wrongful detention of said property has prevented Plaintiffs from using same, all to their damage. 33. 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, 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, Pamela G. Smith, Esquire Attorney for Plaintiffs MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Page 1 of 1 Account: 500037308 Name: JAN DAVID LEADER OR BETTY JANE LEADER Address: 18 BELLMORE RD CAMP HILL PA 17011-7901 17011790118 The image shown below represents an official copy of the original document as processed by our institution JAN DAVID LEADER ' 1636 BETTY J- LEADER 905 1E BELLMORE RD- PH. 717-7374M G?omrl.OTa g( CAA? HKI, PA 17611 ,mix r4 21-07 PAYTOTtlE ORDER OF-.1 ? __ 411 _ ? ..... _• ?? ff .. _ 4rr y ?W a S ?'. f? .•' - DOLLARS i 1t Val BAM IC •r:r._ _ 2 ,1; 2313923871.705000373 i636 1636 07/28/03 6821370 300.00 - o tab DDA Cash On-09 Check T1rDD0nUsCk 7EL#0719 Us 045 ACCTS 0540037308 TILL 4501 TR#'46 10:01 07/28/2003. C? CO.300.00 w Allount 300.00 r : J -. a Cxh, 64 ''h„ 03/04/04 http://10.15.1.108/dsi-bin/dsigtwy.dll/print?20030728---6821370.htm 3/4/2004 Page 1 of 1 Cod Account: 500037308 Name: JAN DAVID LEADER OR BETTY JANE LEADER Address: 18 BELLMORE RD CAMP HILL PA 17011-7901 17011790118 The image shown below represents an official copy of the original document as processed by our institution JAN DAVID LEADER BETrY J. LEADER S 161639 16 NUMORE RD. PH. 717.787449E lGmon CAMP HLL PA 17011 OA7! r?rrorlN: $ .fly Glp - . `?1Naypomt - BANK 4 23137 238 7CO500017]A& 39 03/04/04 r 1639 08/04/03 7132110 300.00 s DDA Cash On-Us Check 71 rWnt 3Ck TEL10719 - M 045 7-1 ACCT* 0500037M TILL `4501 TRt 248 09.39 08/04/2003 d CI CO 300.00 Anoint 300.00 Cx http://10.15.1.108/dsi-bin/dsigtwy.dll/print?20030804---713211 0.htm 31412004 q? a ? v C-Xhlkll ''C', ..... ?. ry1 7 F-l yoq L ? rte' Y NO k) --To lq OZ-1Z6 Cxh; , - I, Di, i ....... .. . Ex hi k, i VERIFICATION We, Aimee Leader and Christopher Leader, 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 4904, relating to unsworn falsification to authorities. Date l -U Y Date: 3 c/ 0 4) \? r? N co T ftl-1 ?„ f_ ?? frt `,l .'_ ( J ^: ) _ i.7 .. 4U AIMEE LEADER and : IN THE COURT OF COMMON PLEAS OF CHRISTOPHER R. LEADER, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS VI. RICHARD PHELAN, DEFENDANT 04-0947 EQUITY ORDER OF COURT AND NOW, this S-t? day of March, 2004, upon consideration of the motion for writ of seizure filed on behalf of the plaintiffs, Aimee Leader and Christopher Leader, a Rule is hereby entered upon the defendant, Richard Phelan, 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 at a hearing to be conducted on the 10th day of March, 2004, at 11:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriff shall make service of the Rule upon defendant in this matter without requiring the prepayment of costs. By twol? h )aL Edgar B. Bayley, J. Pamela G. Smith, Esquire 7 Legal Services V,?, Vv-J d- Vt L For Plaintiff ) j,S - c f :sal ktq,kl- ?, (,) cf4 3'S 0 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00947 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEADER AIMEE ET AL VS PHELAN RICHARD GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon PHELAN RICHARD the RESPONDANT , at 2115:00 HOURS, on the 9th day of March 2004 at 735 S HANOVER STREET CARLISLE, PA 17013 by handing to RICHARD PHELAN a true and attested copy of ORDER OF COURT together with NOTICE & COMPLAINT IN EQUITY, PETITION, MOTION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /.5 day of a7 &pl Lf ,A.D. ' =honotarr So Answers: R. Thomas Kline 00/00/0000 LS Byo? ut1Sh Deputy She ff Curtis R. Long Prothonotary office of the Protbonotarp Cuntberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor - 41-17 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