HomeMy WebLinkAbout09-2588APR 2 7 20094
t '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-EQUITY
JAWAN E. LONG
Plaintiff,
V. NO. 2009 - a 5 P 8t ?2
STEPHANIE SFERLAZZA
Defendant
MOTION FOR PRELIMINARY INJUNCTION
Plaintiff, Jawan E. Long, by and through his attorney, Abraham Prozesky, Esquire
and MidPenn Legal Services, alleges as follows:
1. Plaintiff has filed a verified complaint in equity, attached hereto and
incorporated herein.
2. Defendant is using self-help to illegally prevent the Plaintiff from returning,
using and accessing his rental apartment without resort to the legal process.
3. Defendant has a duty to follow the requirements of the Landlord and Tenant
Act to evict the Plaintiff.
4. Plaintiff will suffer irreparable harm unless special relief is granted.
5. Plaintiff has no adequate remedy at law.
6. Defendant will not be substantially harmed if the special relief prayed for
herein is granted pending a final determination of the matter on the merits.
7. There is a substantial likelihood that Plaintiff will ultimately be successful on
the merits.
8. Plaintiff is indigent and can not afford to post a bond as a condition of granting
such special injunctive relief.
WHEREFORE, Plaintiff requests that this Court enter a preliminary and
permanent injunction enjoining Defendant, her agents or employees or any law
enforcement officers at the behest of Defendant from taking any action to remove
Plaintiff from his residence at 106 Garrison Lane, Apartment B, Carlisle, PA 17013 or
from taking any action to interfere with his use and possession of such residence,
including but not limited to changing, removing or padlocking the door to the unit,
interfering with any utility service to such unit, including but not limited to electricity,
water, gas, or heat. Plaintiff also seeks damages in an amount to be determined by the
Court for injuries sustained as a result of Defendant's unlawful conduct, pursuant to the
Pennsylvania Unfair Trade Practices and Consumer Protection Law. Plaintiff also
requests that this Court schedule and hold a timely hearing pursuant to Pa.R.C.P. 1531(d),
pertaining to the continuance of such preliminary injunction.
Date: April 24, 2009 Abraha:(n fro y, Esquire
Attornev r Plaintiff
ID No
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA. 17013
(717) 243-9400
VERIFICATION
we, the above-named Plaintiff, Jawan E. Long, verifies that
the statements made in the foregoing motion for Preliminary
Injunction are true and correct. Plaintiff(s) understands that
false statements herein are made subject to the penalties of 18
Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Date: - 04 ).)- 0 1
F]LE r{: ,- f-iCE
2009 APR 24 PH 3: 55
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-EQUITY
JAWAN E. LONG
Plaintiff,
V. NO. 2009 - O 'F- a BPS CAA?_?
STEPHANIE SFERLAZZA
Defendant
COMPLAINT
Plaintiff, Jawan E. Long, by and through his attorney, Abraham Prozesky, Esquire
and MidPenn Legal Services, alleges as follows:
1. Plaintiff, Jawan E. Long, is a male adult individual, residing with a friend
at 1126 Harrisburg Pike, Carlisle, PA. 17013.
2. Defendant, Stephanie Sferlazza, is a female adult individual, residing at
329 South Washington Street, Mechanicsburg, PA 17050 and who is the owner and/or
manager of the building(s)/complex situated at 106 Garrison Lane, Carlisle, PA 17013.
The building(s)/complex consist of three apartments and a house. Apartment B is rented
by the Plaintiff and consists of 2 bedrooms, a living room, kitchen and a bathroom.
3. Plaintiff, Jawan E. Long and his girlfriend, Sierra Payne, moved into
Apartment B sometime in mid March 2008. The rental amount for Apartment B was
$500.00 per month where he resided until Sunday, April 19, 2009.
4. Plaintiff and his girlfriend receive all of their mail at his apartment through
a separate mailbox.
Plaintiff and his girlfriend have exclusive use and possession of his
apartment and Defendant does not enter to perform maid service or for other purposes
which would be contrary to his exclusive use and possession.
6. Plaintiff and his girlfriend can receive guests in his apartment at his
leisure.
7. Plaintiff has paid his rent payments on a monthly basis, except that he fell
behind in his rent payments for January of 2009 in the amount of $500.00.
8. On or about January 12, 2009, Plaintiff gave Defendant proof of payment
by check in the amount of $300.00 that was paid to Marjorie Stuckey, the mother of
Defendant on January 08, 2009. A copy of the letter that accompanied the payment is
attached as Plaintiff's exhibit "A".
9. On or about January 12, 2009, Defendant gave the Plaintiff a Notice to
Quit. A copy of the Notice is attached as Plaintiff's exhibit "B".
10. At the beginning of February 2009, Plaintiff also fell behind for February
of 2009 in the amount of $500.00.
11. On February 13, 2009, Defendant filed a Landlord/Tenant action against
the Plaintiff with Magisterial District Justice Jessica Brewbaker (MDJ Brewbaker).
Plaintiff defended the action on grounds of inter alia that Defendant is claiming more rent
than is due and the implied warranty of habitability. A copy of the complaint is attached
as Plaintiff's exhibit "C".
12. On February 26, 2009 MDJ Brewbaker entered a judgment against
Plaintiff in the amount of $907.75 ($800.00 for rent in arrears and $107.75 in fees) and
for possession. A copy of the judgment is attached as Plaintiff's exhibit "D".
13. In order to stay in the apartment, Plaintiff has paid into Court an amount
of $1,378.25. A copy of all monies paid into court, is attached as Plaintiff s exhibit "E".
14. On March 09, 2009, Plaintiff filed a timely appeal against the judgment of
MDJ Brewbaker in the Cumberland Court of Common Pleas in docket number 09-1468.
15. Notice of the appeal was given to Defendant on March 09, 2009. A copy
of the Notice of Appeal is attached as Plaintiff s exhibit' F".
16. Defendant filed a Complaint to Appeal dated March 31, 2009. A copy of
the Complaint to Appeal is attached as Plaintiff s exhibit "G".
17. On or about Sunday, April 19, 2009, at about 1:00 p.m., Defendant
ordered, with the help of Carlisle Police, Plaintiff out of his apartment and proceeded to
change the lock on the door. Plaintiff was allowed to collect a few clothing items but was
prevented from removing any of his other possessions.
18. Plaintiff requested from Defendant and Police to see the court order under
which they were acting but his request was refused.
19. On Monday, April 20, 2009, Plaintiff contacted MidPenn Legal Services
and Plaintiffs undersigned counsel has met with Plaintiff on several occassions
concerning the above situation.
20. Plaintiff s undersigned counsel sent a letter to Defendant informing her
that her conduct constituted an illegal action and deprived Plaintiff of his due process
rights. Defendant was given until Wednesday, April 22, 2009 to respond to the letter. As
of the date and time of this complaint, no reply has been received. A copy of the letter is
attached as Plaintiff s exhibit "H".
N
21. Defendant was then called by telephone on Tuesday, April 21, 2009 by
Plaintiffs undersigned counsel. Defendant advised that she has an Order for Possession
in MDJ Brewbaker docket no: LT000060-09 and was not going to let the Defendant re-
enter the property by himself. He would be allowed to come and get his property,
accompanied by the Constable.
22. Defendant was asked to fax the Order to Plaintiff's undersigned counsel,
but up and until date and time of this complaint, no reply was received.
23. On Friday, April 24, 2009, Plaintiff s undersigned counsel again tried to
reason with Defendant but Defendant failed to answer her telephone and Plaintiff s
undersigned counsel left a message on her answering machine. As of the date and time of
this complaint, no reply has been received.
24. When Plaintiff left his apartment they had several items of property still in
the apartment, inter alia:
a. 2 x Bed
b. 2 x Bedroom sets
c. Living room set
d. Lazy Boy
e. Computer and 3 Air-condition units (outside apartment)
f Clothes
g. Shoes
h. Microwave
25. Plaintiff could not find an Order for Possession at MDJ Brewbaker or find
evidence of the entry of such an order.
26. Plaintiff has not been served with an Order for Possession and is not aware
of any other Order for Possession, except the initial Order of MDJ Brewbaker, to which a
timely appeal was filed and is still pending.
27. Plaintiff is a person of modest means and has been put through extreme
discomfort and embarrassment by the illegal self-help conduct of Defendant.
WHEREFORE, Plaintiff requests that this Court enter a preliminary and
permanent injunction enjoining Defendant, her agents or employees or any law
enforcement officers at the behest of Defendant from taking any action to remove
Plaintiff from his residence at 106 Garrison Lane, Apartment B, Carlisle, PA 17013 or
from taking any action to interfere with his use and possession of such residence,
including but not limited to changing, removing or padlocking the door to the unit,
interfering with any utility service to such unit, including but not limited to electricity,
water, gas, or heat. Plaintiff also seeks damages in an amount to be determined by the
Court for injuries sustained as a result of Defendant's unlawful conduct, pursuant to the
Pennsylvania Unfair Trade Practices and Consumer Protection Law.
1,2
Abraham r y, Esquire
Attome or Plaintiff
Attornv No. 209787
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA. 17013
(717) 243-9400
fill
TAR
2on9' Z ii 5
LLi ._..
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EXHIBIT A
Reemployment Transition Center
An Operation of Educational Data Systems, Inc.
To whom it may concern,
Educational Data Systems, Inc. assisted Sierra Payne with her rent in the amount of $300 on January.8,
2009. This payment was made by check and mailed to Marjorie Stuckey at P.O. Box 55 Carlisle, PA
17013. If you have any questions please contact me @ 717-243-4722.
Thank You,
(SUI?
Tonya Seibert
Educational Data Systems, Inc.
717-243-4722
Januart 1, 2009
This is your 30 day
notice to quit.
Please contact
Stephani*e. Sferlazza,
on 2.12.09 to turn
over all keys and
final inspection for
security deposit.
717.421.9936
ia.o9
A/:,,go
............r•rvcta? t t1 Vt- FtNNSYLVANIA
COUNTY OF: CUMBERLAN[Z?_
Magisterial District Number:
09-2-02
Distriet Justice Name: Hon.
JESSICA E. BREWBAKER
Address: 18 North Hanover Street
Suite 106
CARLISLE, PA 17013
Telephone: (717)240-6564
TO THE DEFENDANT: The above named plaintiff(s) asks
judgment together with costs against you for the
possession of real property for:
Lease is ® Residential ? Nonresidential.
Damages for injury to the real property, to wit:
Damages for the unjust detention of the real property in the amount of
Rent remaining due and unpaid on filing date in the amount of
$ 800.00
N And additional rent remaining due and unpaid on hearing date $
Total: $ 800.00
THE PLAINTIFF FURTHER ALLEGES THAT:
1. The location and address, if any, of the real property is 106 Garrison Ln. Apt. B, Carlisle, PA
2. The plaintiff is the landlord of that property.
3. He leased or rented the property to you or to under whom you claim.
4. ® Notice to quit was given in accordance with law, or
? No notice is required under the terms of the lease.
5. ? The term for which the property was leased or rented is fully ended, or
? A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit:
® Rent reserved and due has, upon demand, remained unsatisfied.
6. You retain the real property and refuse to give up its possession.
I, Stephanie Sferlazza verify that the facts set forth in this complaint are true and
correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904
of the Crimes Code (18 PA. C.S. 3 4904) relating to unsworn falsification to authorities.
ai )
(Plaintiffs Attorney) (Address) (Phone)
IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of
the premises, which is in the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office
BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if
claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. If you are
disabled and require assistance, please contact the Magisterial District office at the address above.
LANDLORD AND EXHIBIT C
TENANT COMPLAINT
PLAWTIFF: NAME and ADDRESS
F- Stephanie Sferlazza
329 S. Washington St.
Mechanicsburg, PA 17055
717-795-8771
L_
VS.
I
DEFENDANT: NAME and ADDRESS
I Jawan Long
106 Garrison Lane Apt. B
Carlisle, PA 17013
Docket No.: LT- &6 -09
Date Filed: 2!13109 y
AMOUNT DATE PAID
Filing Costs $ 79.00
!
Service Costs $ 2$.75 If
Total $ 107.75 2113!09
in the amount of: $
OPC 310A (12-1-98)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CMKBZRLMD
Vag. D st. No.:
09-2-02
MDJ Name: Hon.
Y zS S ICA BRB9fBA=ER
Address: 18 N HANOVER ST STE 106
CARLISLE, PA
Telephone. (717) 240-6564 19013
NOTICE OF JUDGMENT i%i&IPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rSFERLAZZA, STEPHANIE
329 8 WASHINGTON ST
NECK ANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
rLONG, JANAN E
106 GARRISON LN APT B
CARLISLE, PA 17013
L -?
JESSICA BRENBA>[ER
18 M HANOVER ST STB 106 Docket No.: LT-0000060-09
CARLISLE, PA 17013 Date Filed: 2/13/09
THIS IS TO NOTIFY YOU THAT:
Judgment: rOR PLAINTIFr
® Judgment was entered for: (Name) S7ZRT-»ZA, STEPHANIE
Judgment was entered against LONG, JANAN E in a
® Landlord/Tenant action in the amount of $ 907.75 on 2/26/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ .00.
The total amount of the Securitv Deposit is $ .00
Total Amount Established by WJ Less • Security Deposit Applied =
Rent in Arrears $ 800.00 -$ .00=
Physical Damages Leasehold Property $ .00-$ .00=
Damages/Unjust Detention $ _00-$ _ 00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
UT Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
1-1 This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicated Amount
$ 600.00
$ .00
$ -00
$ .00
$ _0o
$ 800.00
$ 107.75
$ _00
$ 907.75
$
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF. COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date `tLt , Magisterial District Judge
ce I y- at this is a true an corr t copy o T Re recor o e proceedings containing a lu gment.
Date , Magisterial District Judge
My rnmmicc+n.+ a..., ...? s: a ea_ r_
.. u.?w?iiuaau ?.v utat,Y Z- 1V 1.11l.J 11V L 0.t y V.Ll1C?C
DYS?.?V•+yVyvvJ Civil Case Print
2009=01468 SFERLAZZA STEPHANIE (vs) LONG JAWAN E
Reference No..:
Case Type.....: APPEAL - DJ
Judgment...... .00
Judge Assigned:
Disposed Desc.:
------------ Case Comments -------------
rdye 1
EXHIBIT E
Filed........
Time.........
Execution Date
Jury Trial....
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
3/09/2009
2:50
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney Info
SFERLAZZA STEPHANIE
329 S WASHINGTON ST
MECHANICSBURG PA 17050
LONG JAWAN E
106 GARRISON LN APT B
CARLISLE PA 17013
PLAINTIFF
DEFENDANT PRO SE
********************************************************************************
* Date Entries
********************************************************************************
- FIRST ENTRY - - -
3/09/2009 APPEAL FROM DISTRICT JUSTICE JUDGMENT FILED BY DEFT JAWAN LONG
-------------------------------------------------------------------
3/09/2009 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
-------------------------------------------------------------------
3/09/2009 RENT PAID $800.00 BY DEFT
-------------------------------------------------------------------
3/11/2009 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
- BY DEFT
-------------------------------------------------------------------
3/31/2009 COMPLAINT TO APPEAL - BY PLFF
-------------------------------------------------------------------
4/03/2009 RENT PAID $500.00
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Bea Bal P*ymts/Ad? End Bal
******************************** ******** ****** *******************************
APPEAL D.J. 55.00 55.00 .00
TAX ON APPEAL .25 .25 .00
SETTLEMENT 8.00 8.00 .00
AUTOMATION FEE 5.00 5.00 .00
JCP FEE 10.00 10.00 .00
RENT 800.00 800.00 .00
RENT 500.00
--
- 500.00 .00
-
---------
1378.25 ----------- ---
1378.25 ---------
.00
********************************************************************************
* End of Case Information
********************************************************************************
COURT OF COMMON PLEAS
Judicial OWct, County Of
EXHIBIT F
NOTICE OF AMAL
FRAM
DISTRICT JUSTICE JU T
NE cif /1P. ire" -, ?.
Notice is given that. the appellant has filed in the above Court of Common Pleas an appeat.flom the judgment rendered by the District Amite on
the date and in the case referenced below.
Of APPELLANT MW. DBi. NO. G.J.
PAW OF -
??
3L -
zW c=
CnY
Mai., M _3
DATE r !R IN TH
E CASE lPw l q Ind'
ZbLit", vs
Ho.
This blo& will be signed W*' is r**&-ed under Ps If apjosilant was Calftnt { R.G.P.D.J. Nb .f0fly k? eefton
R.C.P.D.J. No. 10088. = ? ' .i .
This Notice of Appeal by the .. willoperate as a belm a DioNd Justice, A CEAIPLAINT MUST 13E RLED Nei 0 lowly
SUPEfISE[?EAS to for Poseess7ber 'pe.
r v " (20) days attar)Vng the /NOTICE of APPEAL.
,; Ri IMItE TOME COWAWAW."
*peflan
t was DEFENt3MfT (see Pa.R.C.P.D.J. No. 1001(7) in IF
(This section Of tm? I¢ Y
NOT USED, *00 ' 8000 to be sated 1Noo+? 'ts
rC r
PRAECIPE: To Prothonotary fir_
C.CL TT z,,
Enter rule upon .) C
(i. L t?? `? e, ?? F)'Zi, 11i • l aPPe), iD ANr
Nam 4ANS A) low ?
(Common Pleas No. Q? .,. ?(? l U s )within twenty (20) days after swim of rule or sufbr entry of ?Aip tent nlon pro&
of, 00 nitor brrj7"
t?
RULE: To 4 aPf (g)
k? ? P?b +rJ . ?_ n ..
arn. or
(1) You are no6W that a rule is hereby entered upon you to fie a complaint in this
this rule aPlt!a n r Wit) 400A W 010: 41010Of "Moe
of ,
upon you by .p. rvk;e or by oerttfied or registered mail.
(2) if you this time, a JUDGMENT OF NON. PROS MAY BE ENTERED AGAINST YOU.
.! e
(3) The oi,eArvioso#.t[A(s.rufali,pe washy mad is the date of the mailing.
Date:
'I
YOU MU ?,?p??UDE+A G ??? IE Nt?MA OF ANsT.' P011014001 TM Mf .OF L..
??? r i11e 1`? AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTt10NOTARY GREEN -:COURT FILE YELLOW -APPELLANTS COPY
PINK _ PL1PV Tn RF cRavpn nN APPC11 ct (`.ni n . rnav 7n aF RCA"/cn nN nratnlcr rrlenrtc
Complaint to appeal
In the Court of Common Pleas
Re: 106 Garrison Lane Carlisle Pa 17013
Stephanie Sferlazza No. 09-1468
Plaintiff Complaint against appeal
vs.
Jawan Long
Defendant
March 31, 2009
To Whom It May Concern:
EXHIBIT G
Jawan Long has been asked to leave January 12, 2009 for the following reasons:
1. Eight domestic violence/ disordly conduct calls which involved police.
2. Pushed girlfriend through living room wall resulting in damages.
3. Daily fights which resulted in calls from neighbors requesting interference from
me.
A. Linda Abbey -10.01.08, 11.08.08,12.10.08.
B. Josh Francis- 9.15.08, 9.20.08, 9.29.08
4. On 12.10.09,12.15.09 and 12.21.091 entered apartment and smelled marijuana. I
called Carlisle Drug task force. Officer Eric told me he would investigate. No
reply to date.
5. Non-payment of rent/ court and pp"able fees $1132.25
Stephanie Sferlazza
IIII
MidPenn Legal Services
401 E. Louther Street, Suite 103, Carlisle, PA 17013
717-243-9400 FAX 717-243-8026
Toll-Free 800-822-5288
www.midperm-org
April 20, 2009
Ms. Stephanie Sferlazza
329 South Washington Street
Mechanicsburg, PA 17050
Re: Sferlazza v. Long
Dear Ms. Sferlazza:
EXHIBIT H
It is our understanding that you have changed the locks of the rental apartment of
our client, Mr. Jawan E. Long, at 106 Garrison Lane, Apartment B, Carlisle, PA 17013,
effectively preventing him from accessing his property. It is our understanding that there
is an appeal pending in the Cumberland Court of Common Pleas under docket number
09-1468 against a judgment rendered by District Justice Jessica E. Brewbaker. Your self
help action is retaliatory and illegal and also deprives our client of his due process rights.
Our client needs unconditional access to his property. Failure to provide
unhindered access will result in, and not be limited to, further legal action. We trust that it
will not be necessary and you will cooperate in a civil manner.
Please contact us as a matter of urgency to provide him access. If we do not hear
from you by Wednesday, April 22, 2009, we will advise our client to proceed against you
accordingly.
Thank you for your attention and anticipated cooperation.
Sincerely,
/s/ '%%
=?? LSC
VERIFICATION
we, the above-named Plaintiff, 3awan E. Long, verifies that
the statements made in the foregoing Complaint are true and
correct. Plaintiff(s) understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904, relating
to unsworn falsification to authorities.
Date: 04 1 Lf .1 0 7 11
r!-Ui1J j-it `9? e-4
r ?
a. rp
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-EQUITY
JAWAN E. LONG
Plaintiff,
V.
STEPHANIE SFERLAZZA
Defendant
NO. 2009 -
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow JAWAN E. LONG to proceed in forma pauperis. I, Abraham
Prozesky, the attorney for the party proceeding in forma pauperis, certify that I believe
the party is unable to pay the costs and that I am providing free legal service to the party.
Date: April 24, 2009
AbrahanS ozesky
MIDPE GAL SERVICES
401 E. outher Street
Carlisle, PA 17013
(717)243-9400
Sup. Ct. ID# 209787
?" tin
? ARY
20015 OR 24 Fli 3* u 5
JAWAN E. LONG,
PLAINTIFF
V.
STEPHANIE SFERLAZZA,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 09-2588 CIVIL TERM
ORDER OF COURT
AND NOW, this Y=:g day of April, 2009, IT IS ORDERED that a
hearing shall be conducted on the petition for the issuance of preliminary injunction on
Wednesday, May 6, 2009, at 3:00 p.m., in Courtroom Number 2, Cumberland County
Courthouse, Carlisle, Pennsylvania.
braham Prozesky, Esquire
MidPenn Legal Services
:sal 4
Edgar B. Bayley, J.
CIO,
J co
Ul
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-EQUITY
JAWAN E. LONG
Plaintiff,
V. NO. 2009 - 2588
STEPHANIE SFERLAZZA
Defendant
CERTIFICATE OF SERVICE
J aoary L n/C-?
I, , the undersigned, hereby state that I
served a copy of:
1. An Order of Court issued by the Honorable Bayley, J, ordering a
hearing on WEDNESDAY, MAY 06, 2009 at 3.00 P.M. at COURTROOM No
2, CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE
SQUARE, SUITE 100, CARLISLE, a Motion for Preliminary Injunction and
supportive Brief, and a Complaint.
in the above-captioned matter upon Defendant by handing the papers to % (' S?Cr ?^Z2?
32' So5 Ig050
,,at tthe following address: q? on
S4 &gay of 5' 2009, at approximately I. ? 6 o'clock m.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: S
C.
ignature
Title
/ o & 6--a,r r-' s 0^- I-M P N . 1-7 o ) 3
Address
OF '%-e%N*9V
of O V. 03
JAWAN E. LONG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
STEPHANIE SFERLAZZA,
Defendant 2009-2588 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of May, 2009, this matter having
been called on a preliminary hearing injunction filed by the
Plaintiff and the Plaintiff presenting no evidence in the case to
support the issuance of the preliminary hearing injunction, the
motion for said injunction is denied.
By the art,
ar"ff. Bayley, J.
Abraham Prozesky, Esquire
MidPenn Legal Services
401 E. Louther St.
Carlisle, PA 17013
For the Plaintiff
Elizabeth R. Stone, Esquire
414 Bridge Street
New Cumberland, PA 17070
For the Defendant .
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