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Home My WebLink About04-1024AIMEE 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- 16a y 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. 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 and CHRISTOPHER R. LEADER, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REPLEVIN RICHARD PHELAN, Defendant NO. 04- LAW COMPLAINT 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: 34. The plaintiff, Aimee Leader, is an adult individual residing at 28 West Main Street, Apartment 3, Mechanicsburg, Cumberland County, Pennsylvania. 35. The plaintiff, Christopher Leader, is an adult individual residing at 18 Bellmore Road, Camp Hill, Cumberland County, Pennsylvania. 36. The defendant, Richard Phelan, is an adult individual residing at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 37. The defendant, Richard Phelan, maintains a business address at 114 East Allen Street, Mechanicsburg, Cumberland County, Pennsylvania. 38. 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. 39. 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. 40. 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. 41. On or about August 1, 2003, Plaintiff and Mr. Leader assumed occupancy of the rental premises. 42. 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. 43. 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. 44. At all times relevant to this action, Plaintiff resided at the rental premises. 45. 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. 46. 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. 47. 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. 48. On or about March 1, 2004, Plaintiff telephoned Defendant and requested more time to move her belongings and find somewhere else to go. 49. 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. 50. Defendant also informed Plaintiff that he would physically remove Plaintiff and throw all of her property onto the sidewalk. 51. On March 2, 2004, Plaintiff contacted MidPenn Legal Services for assistance. 52. 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. 53. Plaintiff s counsel also informed Defendant that the provisions of law regarding eviction applied to Plaintiffs occupation of the rental premises and that he would need to follow proper landlord-tenant procedures if he wished to evict Plaintiff. 54. 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. 55. Plaintiff has since been unable enter the rental premises, and has been denied use and enjoyment of the premises. 56. Defendant has not commenced legal eviction proceedings to evict Plaintiff or obtained a court order granting Defendant possession of the rental premises. 57. Defendant's exclusion of Plaintiff from the rental premises has rendered Plaintiff homeless. 58. Plaintiff suffers from depression and anxiety, and Defendant's actions have caused her to suffer from severe emotional distress. 59. Plaintiff s remaining personal belongings, which she is financially unable to replace, are at risk of being stolen, damaged or destroyed. 60. 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. Minor qq. Cross's rr. Antique hanging lamps ss. Quilt tt. 20 Albums uu. Comic Book Collections vv. Vacuum 61. The value of said property is approximately $35,000.00-40,000.00. 62. Defendant wrongfully and without Plaintiffs' consent denied Plaintiffs' possession of their personal property by changing the locks to the rental premises. 63. Defendant has wrongfully detained said property since approximately March 3, 2004, and still wrongfully detains said property. 64. 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. 65. Defendant's wrongful detention of said property has prevented Plaintiffs from using same, all to their damage. 66. 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. COUNT II Violation of the Unfair Trade Practices and Consumer Protection Law 33. Plaintiffs repeat and incorporate by reference the averments set forth above in paragraphs 1 through 32. 34. 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). 35. 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). 36. 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. COUNT III Punitive Damages 37. Paragraphs 1 through 26 are incorporated herein by reference. 38. 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, Date: ( rUL amela G. Smith, Esquire Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Page 1 of 1 :Lxlj 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 BETTY J. LEADER ` 1E RE L MORE R0. PH. 717-TS 4MM CAMP 4IILi, PA 17611 SO% . 1636 tRWDJTJOE D11TE -? 21-03 ORDER OF DOLLARS ve"ftPold BANK 7 =m? ' --- -1:2313723871.050003?3 a' ;s36 1636 07/28/03 6821370 300.00 -i DDA Cash On-Us'Check TirMnUsCir TEL10719 BRI1045 ACCTS 0500037308 TILL 4501 TRS 46 10:01 07/28/3003 C1 CO'300 00 a r-C w Amount 300.00 J - d Cx h, 6 4 (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 1x:-7-=5 1639 BETTY J. LEADER Zits 18 SULM(m nD. PH. 717.7374OW a5mm 8! GunP HLLL. PA imi asp 3j _07, PFTTOTIIE Jf?/f'? /J/r y' _ ?..x__ ,1 UOLLARB 8 GAR it ?ELDAf V S? _ 1:2313723871:05000373 41;39 1639 08/04/03 7132110 300.00 e DDA Cash On-Lis Ched T1rDD0nUsCk TELs0719 ERs 045 ACCT* 0500037308 TILL `4501 - TRs 248 09:39 08/04/2003 Q CI CO 300.00 Ancunt 300.00 03/04/04 http://10.15.1.108/dsi-bin/dsigtwy.dll/print?20030804---713211 0.htm 3/4/2004 ?J / v n. J J> TT) v C Cxh"k J ..... . .............. fy? 7 G ' _.. BL 1/4c 4 ? No 6 0 ,-T '&Lo CxhtkJ ,,D„ E h- ?1 ?? ? hhh h CDP" p ? ?x c Ex h, k,1 i? VERIFICATION We, Aimme Leader and Christopher Leader, hereby verify 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: ?- Y-Lv y 0 V Date: C her Leader r> ^_> .? -. -=.?, `' ? ? ? ?? c., n? AIMEE LEADER and IN THE COURT OF COMMON PLEAS CHRISTOPHER R. LEADER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. CIVIL ACTION - LAW REPLEVIN RICHARD PHELAN, Defendant : NO. 04- IOa?I LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow the plaintiffs in this action, Aimee Leader and Christopher R. Leader, to proceed in forma ap uneris. I, Pamela G. Smith, attorney for the parties proceeding in forma au eris, certify that I believe the plaintiffs are unable to pay the costs and that I am providing free legal services to the parties. Pamela G. "Smith, Esquire Attorney for Plaintiffs MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 C',, - <w, iL - J c., C?a (j Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor nA4 - /02q 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