Loading...
HomeMy WebLinkAbout12-34864 TERRIE BOX, Plaintiff V. SAMUEL C. SMOKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY : NO. 12- 311Q, EQUITY NOTICE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE 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 1-800-990-9108 - x- 717-249-3166 .? u . _ --- ?.a co TERRIE BOX, Plaintiff V. SAMUEL C. SMOKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY : NO. 12- EQUITY COMPLAINT COMES NOW the above-named Plaintiff, Terrie Box, by and through counsel, Amy Hirakis, Esquire, MidPenn Legal Services, and represents as follows: COUNTI Self-Help Eviction 1. Plaintiff, Terrie Box, is an adult individual residing at 343 East Orange Street, Shippensburg, Cumberland County, Pennsylvania (hereinafter: "the rental premises"). 2. Defendant, Samuel C. Smoker, is an adult individual residing at 22 Lesher Road, Newburg, Cumberland County, Pennsylvania. 3. In October 2011, Plaintiff entered into an oral lease agreement with the Defendant, providing that Plaintiff would lease the rental premises from Defendant for $600.00 per month which is to be paid by Plaintiff prior to the 7ch of every month. 4. Plaintiff assumed occupancy of the rental premises in or about October 2011. 5. Plaintiff did not rent the rental premises on a transient basis, but rather intended her occupancy to be for an indefinite term. 6. Plaintiff has exclusive use and possession of 343 East Orange Street, and Defendant does not enter to perform maid service or for other purposes which would be contrary to Plaintiff's exclusive use and possession. 7. Plaintiff has received mail at his residence. 8. The electric utilities and gas utilities for the rental premises are in Shaine Prudhomme, Plaintiff's fiancd's, name, and Plaintiff pays for said utilities. 9. On or about early May 2012, Plaintiff received an "eviction notice" from Defendant stating that Plaintiff is in arrears in rent and owes money to Defendant for damage to the house and indicating that Defendant's attorney would contact Plaintiff. 10. Plaintiff has paid all rent on time since October 2011. 11. Plaintiff has not been contacted by Defendant's attorney, nor has Plaintiff been given any other written notice regarding the alleged arrears. 12. On May 29, 2012, Defendant arrived at the rental premises and informed Plaintiff that he would be conducting repairs to the rental premises. In order to conduct the repairs, Defendant stated that he would need to remove the front door to the rental premises. Defendant then removed the front door to the rental premises. Defendant then left the rental premises, taking the front door with him. 13. Plaintiff has been living at the rental premises since May 29, 2012 without a front door. 14. Plaintiff has effectively been denied use and enjoyment of the rental premises due to Defendants' actions. 15. Defendants' above-described conduct constitutes a constructive "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. 16. Plaintiff requests and is entitled to injunctive relief requiring the Defendant to restore her use and enjoyment of the rental premises, 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 they request, and there is a substantial likelihood she will prevail on the merits of her case. 17. 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. 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 enjoyment and use of the rental premises by ordering Defendant to restore the front door of the rental premises to its proper location and enjoining Defendant from otherwise interfering with Plaintiff s right to peaceably occupy her home, and enjoining Defendant from using any means to dispossess Plaintiff of her home, other than procedures lawfully 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 enjoyment and exclusive use of the rental premises or otherwise interfere with her peaceable enjoyment of her home, and enjoining Defendant from using any means to dispossess Plaintiff of her home, other than procedures lawfully 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 Punitive Damages 18. Paragraphs 1 through 17 are incorporated herein by reference. 19. 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, Plaintiff respectfully requests this Court to enter a judgment for an appropriate' sum of punitive damages to be awarded to Plaintiff and to grant such other relief as the Court may deem reasonable and just. Respectfully submitted, Date: 6- / - /,? Amy Hi is; Esquire Attorn y or Plaintiff Suprerfii6 Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717)243-9400, ext. 2513 VERIFICATION I, Terrie Box, 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 4944, relating to unsworn falsification to authorities. Date: /4' eme Box TERRIE BOX, Plaintiff V. SAMUEL C. SMOKER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY NO. 12- 3 q8( EQUITY Kindly allow Terrie Box, Plaintiff, to proceed in forma nau eris. I, Amy Hirakis, MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs of this proceeding and that I certify that 1 am providing free legal services to the party. Date: Jun e- 1 , 2012 Respectfully submitted, MIDPENN LEGAL SERVICES Amy Hi s, Esquire Supre Veourt ID: 310094 Attorn r Defendant 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 w0 ra TERRIE BOX, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, *. PENNSYLVANIA - ` ' CIVIL ACTION - EQUITY'- - SAMUEL C. SMOKER, i.?. Defendant NO. 12- 3 EQUITY ? -- =? PETITION FOR INJUNCTIVE RELIEF COMES NOW the above-named Plaintiff, Terrie Box, by counsel, Amy Hirakis, Esquire, MidPenn Legal Services, and represents as follows: 1. Plaintiff, Terrie Box, is an adult individual residing at 343 East Orange Street, Shippensburg, Cumberland County, Pennsylvania (hereinafter: "the rental premises"). 2. Defendant, Samuel C. Smoker, is an adult individual residing at 22 Lesher Road, Newburg, Cumberland County, Pennsylvania. 3. In October 2011, Plaintiff entered into an oral lease agreement with the Defendant, providing that Plaintiff would lease the rental premises from Defendant for $600.00 per month which is to be paid by Plaintiff prior to the 7"' of every month. 4. Plaintiff assumed occupancy of the rental premises in or about October 2011. 5. Plaintiff did not rent the rental premises on a transient basis, but rather intended her occupancy to be for an indefinite term. 6. Plaintiff has exclusive use and possession of 343 East Orange Street, and Defendant does not enter to perform maid service or for other purposes which would be contrary to Plaintiff s exclusive use and possession. 7. Plaintiff has received mail at his residence. 8. The electric utilities and gas utilities for the rental premises are in Shaine Prudhomme, Plaintiffs fiancd's, name, and Plaintiff pays for said utilities. 9. On or about early May 2012, Plaintiff received an "eviction notice" from Defendant stating that Plaintiff is in arrears in rent and owes money to Defendant for damage to the house and indicating that Defendant's attorney would contact Plaintiff. 10. Plaintiff has paid all rent on time since October 2011. 11. Plaintiff has not been contacted by Defendant's attorney, nor has Plaintiff been given any other written notice regarding the alleged arrears. 12. On May 29, 2012, Defendant arrived at the rental premises and informed Plaintiff that he would be conducting repairs to the rental premises. In order to conduct the repairs, Defendant stated that he would need to remove the front door to the rental premises. Defendant then removed the front door to the rental premises. Defendant then left the rental premises, taking the front door with him. 13. Plaintiff has been living at the rental premises since May 29, 2012 without a front door. 14. Plaintiff has effectively been denied use and enjoyment of the rental premises due to Defendants' actions. 15. Defendants' above-described conduct constitutes a constructive "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. 16. Plaintiff requests and is entitled to injunctive relief requiring the Defendant to restore her use and enjoyment of the rental premises, 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 they request, and there is a substantial likelihood she will prevail. on the merits of her case. 17. 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. 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 enjoyment and use of the rental premises by ordering Defendant to restore the front door of the rental premises to its proper location and enjoining Defendant from otherwise interfering with Plaintiff's right to peaceably occupy her home, and enjoining Defendant from using any means to dispossess Plaintiff of her home, other than procedures lawfully 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 enjoyment and exclusive use of the rental premises or otherwise interfere with her peaceable enjoyment of her home, and enjoining Defendant from using any means to dispossess Plaintiff of her home, other than procedures lawfully 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. 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, r? Date: Amy W4kis, Esquire Atto ,eY for Plaintiff Supreme Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717)243-9400, ext. 2513 VERIFICATION I, Terrie Box, hereby verify 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. Date: 4ermrie Box TERRIE BOX, Plaintiff V. SAMUEL C. SMOKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY :NO. 12- 3(M. EQUITY PRELIMINARY INJUNCTION AND NOW, this 1 day of 2012, upon consideration of the attached Complaint and Petition for Injunctive Relief, Plaintiff's request for Preliminary Injunction is GRANTED. Accordingly, it is hereby ORDERED as follows: 1. Defendant, Samuel C. Smoker, is enjoined from denying or continuing to deny Plaintiff the right to peaceably occupy her residence at 343 East Orange Street, Shippensburg, Cumberland County, Pennsylvania, without first obtaining an Order of Possession pursuant to the lawful eviction process. 2. Defendant is directed to forthwith attach the front door to 343 East Orange Street, Shippensburg, Pennsylvania. 3. A hearing on the foregoing Preliminary Injunction shall be held on the (o? day of , 2012 at 1' .mlin Courtroom No. , of the Cumberland County Co house, Carlisle, Pennsylvania. 4. The requirement for the filing of a bond is waived. 5. The Cumberland County Sheriff shall make service upon the Defendant in this matter without requiring the prepayment of costs. By the ourt, J • h2 Distribution:- ? Amy Hirakis, Esq., Attorney for Plaintiff l? Samuel C. Smoker, Defendant, 22 Lesher Road, Newburg, PA 17240 :r7 c ` ?'°pies &-a ea' 1, //a TERRIE BOX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - EQUITY SAMUEL C. SMOKER, NO. 2012-3486 Defendant IN RE: PETITION FOR INJUNCTIVE RELIEF ORDER OF COURT AND NOW, this 6th day of June, 2012, it appearing that the defendant is in compliance with our order of June 1, 2012, and that further hearing is not necessary, hearing herein is continued generally. The matter to be relisted at the request of either party. By the Court, Amy Hirakis, Esquire MidPenn Legal Services For the Plaintiff Mr. Samuel C. Smoker 22 Lesher Road Newburg, PA bg /e La/ /). , ell t, Kevin ,X. Hess, P.J. ..„3 ma= ?' - r , Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY q ? ?Itlfajr7% ? Vol, :.t i-j!"llill 12 AH 81 J? F ...}ii'dl C0Ui t'I Terrie Box VS. Samuel Smoker Case Number 2012-3486 SHERIFF'S RETURN OF SERVICE 06/01/2012 06:30 PM - Stephen Bender, Deputy Sheriff, who being duly swom according to law, states that on June 1 2012 at 1830 hours, he served a true copy of the within Preliminary Injunction and Petition, upon the within named defendant, to wit: Samuel Smoker, by making known unto Rachel Smoker, Mother of Defendant at 26 Lesher Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. STEPH N BENDER, DEPUTY June 06, 2012 SO ANSWERS, .' 20, X? ? RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teteosoft, Inc.