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Home My WebLink About11-4167FILED-OFFICE 2011 MAY -5 PM 2: 24"j `?? GG r;DI3Eh'.AI}??. ? . '?I'SYI.`tA;'II PE 00 i4t an,4 +m.S IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA (ecru aooo?yeo r- : NO. I - LA U -1 C-lY 20 Defendant : Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ??l TIFFANY SIMS Plaintiff, V. TERRY GOODYEAR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- CIVIL ACTION- IN EQUITY MOTION FOR PRELIMINARY INJUNCTION AND COMPLAINT IN EQUITY AND NOW, comes Tiffany Sims, by her attorneys, Amy Hirakis, Esquire and MidPenn Legal Services, and files this Petition for injunctive relief and damages, and in support thereof represents that: 1. Plaintiff is Tiffany Sims, an adult individual, who resides at 35 N. Hanover Street, Apartment 5, Carlisle, Pennsylvania 17013, but who is currently homeless. 2. Defendant is Terry Goodyear, an adult individual whose residence is believed to be 5 Terrace View, Carlisle, Pennsylvania 17013. 3. Defendant is believed to own or manage a rental property located at 35 N. Hanover Street, Carlisle, Pennsylvania 17013 where Plaintiff resides 4. On or about February 1, 2011, the Plaintiff and Plaintiff's intended roommate, Deniesha Johnson-Smith, entered onto a written lease agreement with Defendant regarding leasing the property located at 35 N. Hanover Street, Apartment number 5, Carlisle, Pennsylvania 17013. Plaintiff did not receive a copy of the lease she signed. 5. The parties agreed that the apartment would be leased to Plaintiff and Deniesha Smith for a term of one year beginning February 2011. Monthly rent was fixed at $750.00 per month. A $750.00 security deposit was also required at the signing of the lease. Plaintiff paid Defendant $750. 00 in February for February's rent. Deniesha Johnson-Smith paid Defendant $200 for the security deposit. 6. In March 2011, Plaintiff paid Defendant one month's rent of $750.00 for the month of March 2011. 7. At the end of March, Defendant gave Plaintiff a Notice to Quit because $500.00 was still owed for the security deposit. The Notice to Quit gave Plaintiff until April 11, 2011 to vacate the apartment. 8. On or about April 1, 2011, Deniesha Smith moved out of the apartment. 9. On or about April 1, 2011, Plaintiff and Defendant entered into verbal agreement that Plaintiff would make payments on the security deposit and Defendant would not follow through with filing for eviction. 10. In April 2011, Plaintiff paid Defendant $550.00 for April's rent, and $200.00 towards the security deposit. 11. On April 30th and May 1, 2011, Plaintiff received several messages from Defendant. In these messages, Defendant stated that he was changing the locks to her apartment because she owed $200.00 for April's rent. 12. On Monday, May 2, 2011, Plaintiff returned home from work at 7:00 p.m. and the locks on her apartment door had been changed. Plaintiff used her door key, but could not get inside the apartment. 13. On May 4, 2011, Plaintiff's counsel contacted Defendant and requested that he allow Plaintiff back into the apartment. Defendant stated that he will not allow Plaintiff back into the apartment until she pays him the money she owes. 14. Throughout the conversation between Defendant and Plaintiff's counsel, Defendant exhibited hostility towards Plaintiff by refusing to call Plaintiff by her name, and instead repeatedly referred to Plaintiff as "that bitch", "that nigger", and "that fat black ass." 14. Plaintiff's counsel warned defendant that legal action would be instituted if Defendant failed to unlock the apartment, as his actions constituted "self-help" measures to evict Plaintiff. Defendant stated that he lied about changing the locks and that Plaintiff's key would work if she tried the key again. 15. At approximately 5:00 p.m. Plaintiff's counsel advised Plaintiff that her key to the apartment may work if she attempted to enter the apartment again. 16. On the evening of May 4, 2011, Plaintiff went to the apartment and used her apartment key in an attempt to enter the apartment. The key did not work. 17. Plaintiff resides in the leased apartment with her 6 week old daughter and her 19 month old son. 18. Plaintiff and her children have been homeless since being locked out of the apartment. Plaintiff and her children have spent the past few nights staying at a friend's house. 19. All of Plaintiff's possessions are in the apartment, including furniture, clothes, bassinet for the baby, diapers for the two children, and formula for the infant. 20. Plaintiff's son has asthma and his medication and nebulizer are locked inside of the apartment. Plaintiff would not be able to treat her son if he had an asthma attack. 21. Plaintiff and her children are being irreparably harmed by the Defendant's illegal actions in locking them out of the apartment. 22. Plaintiff has no adequate remedy at law to require the Defendant to unlock her apartment or take statutorily required evictions steps. 23. Plaintiff's counsel's efforts to persuade Defendant to allow Plaintiff to return to the apartment until an Order of Possession is properly executed was unsuccessful. 24. Defendant is knowingly employing illegal self-help means to evict Plaintiff from her residence in willful disregard of the law. 25. Greater harm will result from denying the relief requested than by granting it. 26. Injunctive relief is necessary to maintain the status quo of a proper landlord-tenant relationship. WHEREFORE, The Plaintiff respectfully prays for the following relief: a) That an ex-parte injunction be issued against the Defendant, Terry Goodyear, ordering him to immediately provide the key to the door to Apartment 5, at 35 N. Hanover Street, Carlisle, PA 17013, and to refrain from interfering with Plaintiff's use and occupancy of such residence, including but not limited to changing, removing or padlocking the door to the unit; to refrain from approaching the residence unless it is for a necessitous cause; to refrain from harassing Plaintiff; and to refrain from interfering with any utility service to such unit, including but not limited to electricity, water, gas, or heat, unless or until further order of this Court or pursuant to an Order for Possession issued by a Magisterial District Judge; b) Waive the bond requirement; C) Permit the filing and service of this Motion and Complaint to proceed In Forma Pauperis; d) Order the Sheriff s office of Cumberland County to be authorized to deputize a sheriff in whatever county where the Defendant may be found in order to effect service of the Order; e) Award such other relief as the Court Deems appropriate. ,mss"-'?0/1 DATE MIDPENN LEGAL SERVICES BY: K.'!Amy is, Esquire Atto for Plaintiff Supreme Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717)243-9400, ext. 2513 VERIFICATION I, Tiffany Marie Sims, verify that the statements in the foregoing Motion for Preliminary Injunction and Complaint in Equity are true and correct. I understand that false statements that are made herein are made subject to penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. Date T y i ims