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Home My WebLink About04-5512LUKE ALAN NEW : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Vs. :CIVIL ATION - REPLEVIN PAUL EVANS and ( TONI EVANS :CIVIL TERM 04- .S.T1 2,, ?lv?h Defendants 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 2 LIBERTY AVENUE CARLISLE, PA (717) 249-3166 LUKE ALAN NEW : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Vs. :CIVIL ATION - REPLEVIN PAUL EVANS and TONI EVANS :CIVIL TERM 04- Defendants COMPLAINT And Now, comes the Plaintiff, Luke Alan New, by and through his attorneys MidPenn Legal Services and Geoffrey M. Biringer, who sets forth as follows: 1. Plaintiff is Luke Alan New, an individual who resides at 202 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendants are Paul Evans and Toni Evans, husband and wife, who reside at 115 Robson Road, Dillsburg, Cumberland County, Pennsylvania 17019. 3. On September 1, 2003, Plaintiff's grandparents, Foster T. Evans and Carolyn Evans, rented 355 Lowther Street, Lemoyne, Pennsylvania 17043, from the Defendants (Lease attached as Plaintiff's Exhibit "A'). 4. Plaintiff was listed as a tenant, along with others in the family, although he never signed the said lease. 5. Plaintiff believes and therefore avers that a security deposit of Eight-Hundred Seventy Five Dollars ($875) and monthly rent of Eight-Hundred Seventy-Five Dollars ($875) was paid to the Defendants until August, 2004, when everyone in the family moved out of the leased premises except the Plaintiff. 6. On August 11, 2004, Defendants filed a Landlord/Tenant Complaint against Plaintiffs' grandparents seeking possession plus rent and damages (Complaint attached hereto as Exhibit `B"). 7. On August 25, 2004, Defendants obtained a judgment for possession and Three Thousand Fifty-Five Dollars and Fifty cents ($3355.50) against Plaintiffs' grandparents. (Judgment attached hereto as Exhibit "C"). 8. On September 7, 2004, Defendants obtained an Order for Possession of the leased premises, giving the Plaintiff until September 18, 2004 to vacate the premises (Order attached hereto as Exhibit "D"). 9. Despite the existence of said Order giving Plaintiff until September 18, 2004 to remove himself and his possessions from the premises, Defendant changed the locks, preventing Plaintiff from obtaining his possessions. I O.Despite repeated efforts to contact Defendants and obtain his property, Plaintiff was unsuccessful and remains without his property. 11. Plaintiff is without, and seeks to obtain, the following items of personal property, whose location or locations are unknown to him: Item Value Craftsman tool set $200 Winter coat $150 Car parts (Honda/T-Bird) $3000 Motor $400 Saw $80 Jigsaw $15 Craftsman timing light $60 Dale Earnhart popcorn novelty $10 Blankets $20 Cloths $100 Sander $50 Body work tool $40 Body filler $20 BMX bike $500 Bed frame $100 Rocking chair $60 Car charger $60 Eagle blanket $30 Orange pants $25 Tire iron $10 2 Jumper cables $20 Dale Earnhart clock $25 Craftsman set 3-ton jack 2 jack stands Jumper cable 2 wheel locks Mag pad Seat - work bench Tire iron $300 $5,275 Total 12. Defendants' holding of Plaintiff's possessions is illegal, as Defendants obtained Plaintiff's possessions without due process of law and, further, Defendants have no right, title or interest in Plaintiff's possessions. WHEREFORE, Plaintiff prays that this Court Order that Plaintiff's possessions be returned to him from the Defendants or that, if unavailable, Plaintiff be awarded judgment in the total amount of Five Thousand Two Hundred and Seventy-Five Dollars ($5,275), said amount being within the amount subject to compulsory arbitration. ?? f A Geoffrey M. Birmger, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. I.D.#18040 09/29/04 10:17 FAX 7177746684 D J CLEMENT Q006 REMENTIAL LW E This Residential Lease dated_ this 1 S? ?' of 200 between ?/ PAUL & TOM )?VANS. as Landlord and ?!, f Y ITi?wai i : (• ?J? t iwc cQ Z /V44r- NS7 ?(p, .,[yam av and severally as Tenant. 1. LEA4M MOUSES. Landlord leases to Tenant upon the terms and conditions contained in this Residential Lease, 3SS _ S 47-0? / 7 d ?3 . (Leased ?',, 2. TERM OF LEASE. The term of this Reid a is - ' begim>iag on the ? of c?y?i(J ?' , 204, at _-§_ o'clock _$ K sad eadtng an the IS_, of?? , 206, at 6 o'clock __LM. 3. RENTAL PAYMENT. Tenant shall pay to Landlord the sum S '7/5'70 as basic rental for the lease tee The rental shall be payable monthly in advance on the fast day of each month daring the lase teem in the amount of S without prior demand by Landlord Payment of re hall be to the busines ddmss of the Landlord, or upon writtm notice to Tena? at another locadom0loa u.? ? &v an ?'P{I ! 70 6-qr . Rd- If the t= of this lease shall begin on a date other than the first of the month, Tenant shall pay the monthly rental on the beginning date. The rental paid shall be applied to the fast partial mouth and the last partial month. The second maodhly payment shall be paid on the fast day of the month following bcgi g of the lease term and shall be applied to that month's rental- Landlord and Tenant agree that timely payment of the rental and performance of all tams and conditions of this lease are of the essence of this lease If the mostthly rental shall not have been paid after the 5th of the month when the rectal shall have been dna, fim Tenant serves to pay the late charge of $5.00 per day starting with t32e day when the rental payment was doe. The late-charge shall compensate Landlord for additional administrative costs and expenses caused by the late payment If payment is made to Landlord at the proper address by first class mail, postage prepaid, these the date of the postmark shall be used as the date of payment. If the Tenant violates any of the terms and conditims of this !case, the Landlord has the rigbt to enforce collection of the entire rmpaid balance of the rent for the remaining tam of the 10=- 4 . SECURITY DEPOSIT_ After sigumg this Resideuiid Lease, and bcfore tha Tenant takes possession of the Leased Premises, Tenant sball pay to Landlord a sum egnal to. one (1) . month's rent (or S which amount shall be held by Landlord as a seemity deposit. Before Landlord wrens the security deposit to the Tenant 1) Tenant sball vacate the Leased Premises and Landlord shall inspect rho Leased Premises for damagv; 2) Tenant shall have complied with all lease terms, conditions and rules and regt Wens; and. 3) Tenant shall have paid in full the rental, addidond rental and late charges if any. Landlard may ruin all cr any part of the Secmity Deposit to rcimbuase Landlord for any and all loss, damage and expense doe to Tenant's violation of the terms and conditions, or rules and regulations of this Rssidential Lease or doe to u Mayment of rent, additional rent or late charges, if any. Tenant acknowledges that the Security Deposit is riot to be used as z a e of tine last month's refit 5. DURIUff OF LANDLORD TO GIVE POSSESSION. If Landlord is unable to tramsfrr possession :o Tenant at the beguming of tlus Residential Leases then the lease term shall bem but Tenant's obligation to pay rent shall be suspended =1 Landlord is able to tranfer possession to 'T'enant. Landlord shat not be liable to Tecrrrt for dam. gas if Landlord is tmablc to tafr possession of the Leased Premises for causes reasonably bwjund Landlord's control. If the prior tenant holds over or remains in the Leased Premses ai4er the tens ends, the Landlord's obligndon to tw2s?cr possessioa of the Leased Pr== to Tenant IS suspended Ex. "p,n 09/29/04 10:17 FAX 7177746684 D J CLEMENT 6. DESTRUCTION OF LEASED PREMISES. Tenant shall notify Landlord as soon as possible of any fire or other loss in or about the Lased Premises. Tenant shall notify Landlord immediately of any circumstance or condition in or about the Leased premises wbich thrcmtens the Lcased Pranises, or the property or safety of Tenant, Landlord or others. If the Leased Premises is partially destroyed by fire or other casualty, Tenant shall have the rr& and option 1) to continue to occupy the habitable portion of the premises, or 2) to terminate this Residential Lease absolutely and receive a refmrd of rent paid through the date of transfer of possession to Landlord- 7. IIQSURANCE- Landlord shall insure the structure within vach the Leased Premises is located for fire and extended coverage. Tenant shall insure Tenant's personal property in or about the Leased Preinises. 8. SUBLETTING AND ASSIGNMENTS. Tenant shall not anign. this Residential Lease or enter into any sublease agreement without the prior written consent of Landlord Amy attempted assig®ent or sublease by Tenant without the prior written consent of Landlord is a violation of this Residential Lease. If Landlord shall consent to an assignment or sublease, any consent shall not be considered to be a consent to any other assignnmt or sublease. 9. RELIEF OF LANDLORD FROM LIABILITY. Landlord is not liable for loss, injury; or damage to any person or property unless the loss, injury or damage is caused by the Landlord's intentional act or neglect. Tenant shall repay to Landlord any money speat by Landlord due to Tenant's intcnEwA act or neglecE Tenant is responsible for all intnroinnal acts or neglect of Tenant's fammly, and others who use the Leased Proses. Landlord shall not be liable for airy injury or damage caused by ware, r&K snow or ice than leaks or flows from whatever source into or around the Leased Premises or the building within which the Leased Premises is located 10. USE AND OCCUPANCY OF LEASED PREMISES. The Lcastd Premises may be used for residential purposes only without the prior written consent of Landlord. Tenant shall occupy and use the premises in conformance with all Federal, State and Local laws, Regulations and Ordinamees now it force or that may be enacted iA the future. Tenant shall not store may flammable, hazardous, or toxic substances or engage in any activity in or about the Leased Premises which substances or activities expose Tenant, Landlord, or others to a risk- of injury, loss or damage. Tenant agrees that the Leased Premises shall not be occupied by more than _ person without the prior consent in writing of Landlord. 11. RULES AND REGULATIONS. In addition to the terms and conditions in this Residential Lease, Tenant sball be bound by Landlord's standard Rules and Regulations which are attached to this Lease. Landlord shall have the right dozing the tema of this Lease to a*ge or add to these Rules and Regulations provided drat the purpose of any change or addition shall be to preserve the Leased Premises and the quiet enjoyment of all the tenants- No change or addition to the Rules and Regulations shall become e: =trve until Tenant has been provided with a written copy of the changed or added Rules and Regulations by mail, pasting or delivery to the Leased Premises.' Tenant agrees that a violation of the Rules and Regulations shall be a violation of this Residential Leaser Violation of the Rules mid Regulations by Tenant shall peanut Laod lord to m=dse any and all remedies provided for in this Residential Lease. , 12 SUBORDINATION. This Resdendal Lease is subordiutate to any and all mortgAgm and security interests that are presently ou the property our that in the firmer may be an the property of which the Leased Prenziscs is a part 13. CARE AND MAINTENANCE OF LEASED PR gAOSES. Tenant shall use good care when. using the Leased Premises and all applisaccs, fiuniture (if applicable), fixtures, and all hcatiup ventilating and air conditie6mg sys ns within the Leased Proses. Tenant also shell exercise good care when using any part of the building within which the Leased Premises is located Tenant shall pay for an repairs to the Leased Premises, its contents, or any property of )landlord caused by the lark-: of good care by Tenant, Tenant's family members and Tenant's guests. Upon aiding of this Residential Lease for any cause, Tenant shall peaceably sucrander possession of the Leased Premises and its torments to Landlord in as good order and repair as at the beginning of the lease teem, except for reasonable wear and tear. Tenant shall notify Landlord of any repairs or the need for repairs within the Leased Premises. [a 007 2 09/29/04 10:17 FAX 7177746684 D 3 CLEMENT Q1008 14. RIGHT OF ENTRY. Landlord and persons authorized by Landlord shall have the right to eater the Leased Premises at all toasanahle tines to inspect, perform maintemee, do repairs and show the premises to prospective teaa= end purclasers. 15. MUITMS. Charges for atilides and services applied w the Leased Premises shall be paid as follows: Charge or Service: To be Paid Bw Television Cable ............. ............................. .._-.... TENJkNT Electric to Premises ._............ ............... _....... _ TENANT Water Servicc ................ ........ .................. ._.......... TENANT Natural Gas .............. ........ •_............ ...._..,............. TENANT Refuse C llecdom............_ ............. ......... _.............. TENANT Lawn Maieftoaco....--_ ................ ...... _......... ....... TENANT Snow and Leaf Removal..._ .............. .................... TENANT Water Sotte=Charges ............. __.__................ ? N/A Sumer Charges.__....- - ................ -• ..............._.. TENANT PaikmgFee.................. - ......................................... N/A Pest Control Charges ............................................... TENANT Heat ............. ....._....................._ ....................... ...... TENANT Laundry Facility (If Available) ...... _._ ................_..._.... TENANT (if washer or dryer break- the landlord will not Replace. } Landlord shall have the right to temporarily suspend any mtky or other services to the Lensed Premises in order to do matiteatce mad repair or protect the property of Landlord or Tenant from risk ofharin or loss. 16. REMEDIES. If Tenant fails to pay rent or any other charges when due, or if Tenant violates fury other terms, oonons, nines or regulations in this Residemial Lease, Landlord may trio action against Tenant 1r? such a case, Landlord does not have to give any notice of tr m;rn6on or notice to quit to Tenant before taking actim In sack a raise Landlord may take nay or all of the fono ring actions: 3 09/29/04 10:17 FAX 7177746684 D J CLEMENT s) Terminate this Residential Lease withontpriac notice. b) Sue Tenant m court to reeaver Possession of the Leased Premises without giving Tenant prior Notice to Quit the Leased Prauise& c) Sue Tenant to recover the whole balameo of the rent and charges owed for the remaining lease temx d) Sue Tenant for in damages, including reasonable attorney's fees, resdting from Tenant's violation of any terms, conditions, mks or regulations in this Residential Lease_ Landlord may seek one or more than one remedy contained in this Residential Lease. Landlord's taking of airy action agamst Tenant shall not prevent Landlord from taking other and additional actions against Tenant. Landlord's failure to enforce any term, condition, rile or regulation shall not prevent Landlord from eafnrcing the term, condition, ralo or regulation at a later time. 17. ATTORNEYS FEES AND COSTS. If Landlord shall enforce the provisions of this Residential Luse many court against the Tenant, Landlord shall be entitled as part of any court judgment to be reimbursed for all costs and expenses of enfarrm=t inchu%g reasonable morn yes frxs. 18. GO + A1L POWER OF E 4NM DOMAIN. Eminent domain is the right of a government to take private property for public usu. Fair compensation must be paid- If all or any part of the Leased Premises (or the bunftg within which the Leased Premises is located) is talaen by ersliaent domain the lease shall ternchato as to that part taken Landlord shall not be liable to Tenant for any claims by Tenant for loss of use of all or any portion of the Leased Preauses (or the building withinwhich the Leased Premises is located) or bec mm iris Residental Lease bas been terminated. 19. BINDING MTECi'. This Residential Lease legally binds the Tenant, Landlord and their heal, executors, parsonal rquesentafives, successors and assigns. Tenant shall not hive the right to assign Ibis Residential Leasc or sublet the Leased Premises mahout the prior written cons=afLszdlordL 20. AbDMONAL TERMS, CONDMONS, RIDERS AND AMEND140r M- This Lease moludes all those additional tmas, o=fidow, riders and amcndmeats milicated below. The terms and conditions included in the attached Riders and Amendments age part of this Residential Lease. Yes - -- Chcck m and Check-out procedures Yes - - Rules and Regulations [1009 21. END OF LEASE TERM: After the ending date stated on the first page of this lease agreement, the lease continues until Landlord or Tenant end it by giving the other sixty (60) days written notice D J CLEMENT 09/29/04 10:17 FAX 7177746684 TENANT SHOULD NOT SIGN THIS RESIDENTIAL LEASE UNTIL THE TENANT HAS RXAD AND UNDTYSTANDS THE INFORMATION INCLUDED IN THE IMPORTANT NOTICE ATTACHED TO TMS RESIDENMAL LEASE ft Reddentid Imsc dated thus 1, day of ?, it r 20a lgjULU Landlord: PAUL & TONI EVANS Tenant: - r yli/ s - ?? rte` ?? The person(s) signing this lease as ca-sigxer(s) agrces to be responsible to the Landlord for the agreements of this lease. The person(s) signing as co-s'igna(s) does not have the right to occupy the leased premises as a Tenant without the Landlord's prior written consent. Co-Signers: 5 09/29/04 10:17 FAX 7177746684 D 3 CLEMENT IMPORTANT NOTICE THIS PAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGSTB AND DUTIES AS A TENANT. SPECIFIC QUESTIONS ABOUT YOUR LEGAL RIGg79 AND DUTIES SHOULD BE REFERRED TO AN ATTORNEY- DO NOT SIGN THIS RESIDENTIAL LEASE UNLFSS YOU HAVE READ AND CLEARLY UNDERSTAND TM INFORMATION ON THIS PAGE. As Tenant, you vlolshe tha terms and condbloam dthis Residential Lease Kym 1) Fart to make timely payment of tent or other charges to the Landlord Or, 2) Vacate the Leased Premises wftont the Landlord's consent prior to the and of the lease tens Or, 3) Fail to vacate the Leased Pmamses at the and of the lease tam. Or, 4) Fail to perform any of 1he obfigafima iachnded in the lease, rules and rgp&uons, the jAm or amendments. Or, _ 5) Violate any Rules or Rgp&ficns which are made & part of the ReaderdW Lease. Paragraph 16 hrdades a naive, of "Notim to Quit". When "Notice to Qutf" b waived, R you vbbrbe due Residential Lease, the Landlord has the immediate right to 81e a complaint in Court swkft an ades evlding you from the Leased Promises. The Landlord DOES NOT We the eight to bring an action In Court moking your eviction unless you have violated your oblizadoas a¦ a Tenant. Even *on& you are waiving "Notice to Quit", you will still have an oppottmzity lq Court to site validity of the Landlord's claim for evklk"L If you vlob tte the timm and coodblons of the Residential Lease, the Landlord has the right to seek the following remedks agdn tyoa In Court: 1) A Judgment for overdue rent, We chatgrs and moneWy damages caused by your violation of the lease tams and conditions. 2) An Order for Recovery of Possession ttu'ough an eviction action- 3) A Judgment for unpsid tent for the balance ottere lease term or uWl another person raiser possession of the Leased Premises as a new Taunt IF THERE IS MORE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANTS ARE JOTNTT Y AND SrWP-47 I Y LIABLE FOR THE PERFORMANCE OF ALIT TENANT OBLIGATIONS THIS MEANS TEAT TBE LANDLORD HAS THE RIGE[T TO SUE ANY M ENMT OR AT T. OF TAE. T7KANTS FOR VIOLATIONS OF TIM LEASE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE RENT. AcxNoWLEDGEmzNT: b THE UNDERSIGNED TENANTS). HAVE READ AND UNDERSTAND THE ABOVE DISCLOSURE. Q011 TmMT. 09/29/04 10:17 FAX 7177746684 D J CLEMENT RULES AND REGULATIONS PAUL & TONI EVANS. Tenant(s): Leased Premises: the Rules and Regulations below are part of the Residential Lease between Landlord and Tenant. 1. LAUNDRY and STORAGE FACILITIES: Tenant agrees to abide by all Rules and Regulations in the use ofthese facilities. NOTE: Landlord reserves the right to. permanently or temporarily close the laundry facility- 2. RENT and SECURITY DEPOSIT: shall be paid CHECK R MONEY ORDER ONLY. NO PETS: Tenant agrees that Tenant; Tenant's fame y or Tenant's guests shall not keep any pets in or around the Leased Premises without the Landlord's prior written consent- 4. All trash and rubbish is to be placed into plastic bags, tied shut and aced into rovided by Landlord. Tenant is responsible to comply with all state and local recycling laws- ??""' - 5. Tenant shall not change locks or install additional locks withoui the written permission of Landlord. A fee of $50.00 per lock will be charged for any keys not returned at the expiration of the lease agreemeuL 6_ Tenant shall keep the Leased Premises in a clean and sanitarv condition. 7. MOVE-IN INSPECTION: "Tenant agrees to notify the Landlord in writing" of any deficiencies, damages or items of disrepair existing at the beginning of the lease term within seven (7) days after taking occupancy of the Leased Premises. 8. MOVE-OUT COST SCHEDULE: If prior to moving Tenant does not clean apartment and the items within and leave themin satisfactory working order, Landlord may charge Tenant for costs incurred for cleaning or repairing ( at a rate of 514.00 per man hour ). If Landlord incurs a higher cost for cleaning or repairing an item, Tenant will be responsible for paying the higher cosy. If any items are missing or damaged to the point that they must be replaced when you move out, you will charged for the current cost of the item, plus labor and service charges. (Please note: carpeting must be cleaned by a professional carpet cleaning contractor approved by the Landlord in writing- TENANT HAS READ AND UNDERSTANDS THtSE RULES AND REGULATIONS Tenant: 3 Tenant. (2- _ ? 1 0 012 Additional Rules and Regulations on Reverse Side (pace 1 of 2) 09/29/04 10:17 FAX 7177746684 D J CLEMENT RULES AND REGULATIONS PAUL & TONI EVANS 9. Tenant shall not install shelving, wallpaper, draperies, window treatments, paint or alter in any way the feanues of the Leased Premises without the Landlord's prior written consent. 10. When hanging pictures use only "standard picture hooks" specifically desismed for that purpose 11. Use "plastic spiked furniture leg cups" for sofa, bed chair or table legs that sit on carpeting. 12_ No waterbed shall be permitted within the Leased Premises 13. Replacement of all light bulbs and fluorescent tubes shall be paid for by Tenant. Q1013 14. Tenant shall maintain reasonable temperatures within the Leased Premises (and no less than 50 degrees). 15. The use of charcoal or flammable gas grills or alternate heating sources such as kerosene heaters is not permitted inside the Leased Premises or on any balcony. ? The burning of candles in apartment is "Prohibited" - (Erie Insurance Group report on June 1998). 17. Tenant agrees to have "Renter" or "Tenant" insurance and will provide to Landlord or Landlord's Insurer a copy of their policy's "Declarations Sheet". 18. In the event additional persons not listed on the rental application shall live in the residence, a fee of $50.00 per person per month shall be paid to Landlord by the Tenant. This shall not be considered as a waiver by the Landlord of the right to disallow additional Tenants. 19. Tenapt shall be responsible for testing all fire warning devices such as smoke detectors and fire alarms within the -used Premises. Tenant shall notify Landlord if any fire warning or fire abatement device is not functional. Tenant shall not disable, or permit to be disabled, any fire warning device (or discharge any fire wainguisher unless in an emergency). 20. NSF CH$CKSe Tenant shall pay a service charge of $20.00 to Landlord if a check given to pay rent is returned for insufficient funds or other cause within the control of the Tenant Additional Rules and Regulations on Reverse Side (page 2 of 2) 1) 09/29/04 10:17 FAX 7177746684 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Itagietenet District Number 09-1-01 GlsMct Justice Nnne_ Non_ Charles A- Clement, Jr Addms- Olde Towne Commons 400 Bridge St-Suite #3 New Cumberland, Pa_ 17070 Telephone: (717)774-5989 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. D J CLEMENT Q004 LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS ?AAkA -11- -10 n , Evains 115 1CobsaYt ?' tZO 19 Phone : y32 -0361 FAX J VS. D DANT: avv"E and ADDRESS U Qid?? ? ?.? I'7 0? Phone : Docket No.: o-'.T ?( '01.0 7 Date Filed: O - r . Filing Costs Postage Service Costs Constable Ed. Total AMOUNT $ ?T- S s "42 DATE PAID 1 / ? barrages for injury to the real property, to wit: -q*6U&) ? * p%QJiL in a amount of; ? Damages for the unjust detention of the real propertyin the amount of ? Rent remaining due and unpaid on filing date in the amount of ? And additional rent remaining due and unpaid on hearing date $ 496D Ov $ $ 77S. " $ Total: $ THE PLAINTIFF FURTHER ALLEGES THAT: J 1, The location and address, if any, of the real property is 3 5 5 ?OZu t Zp ?3 2. The plaintiff is the landlord of that property. yes 3. He leased or rented the property to you or to under whom you claim. 4, Q Notice to quit was given in accordance with law, or X? 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 !.?_ 14vy ik 2 91 o 6,? NO lJri ? tit?j e e, rt t &ata?? ratio ??? n q Otk? . O Rent reserved and k, has, on demand, remai ed unsatisfied. U 6_ You retain the real property and refuse to give up its possession. 1, ?jv.t co a k2 S 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. § 4904) relating to unsworn falsification to authorities. Q Ex. "B" (Signature of Plaintiff) (k` i) 7 (Plaintiff's 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 promises, which M in the dictriCt justrCS jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at thy orrico 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 entarad against you. Ajudgment against you for possession may result in your EVICTION from the premises. It you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its se m p 1antact Magisterial District Court at the above address or telephone number. We are unable to provide transpo? Remarks end 5 e on Gvcrso Side AOPC 31 0A-02 the 09/29/04 10:17 FAX 7177746684 D J CLEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CQERL?IND Mag.0lr? No.: 09-1-01 DJ Name; Han. Aadm55: 7E&" OLDS TOWNS NSW CMWEX T,4hane: (717) 774-! C:T.RXRpT, STR$8T COMMONS L&M I PA 5989 (!HART.RS A. l'LEN1ffii T, 400 BRIDGE STREET OLDS TOWNS COMMONS NEW CUMBERT AM, PA JR. [a 002 NOTICE OF JUDGMENT/TRANSCRIPT p?ll,,r,FF: RESIDENTIAL LEASE NAME and ADDRESS rSVANS, PADL/TONI 115 ROBSON ROAD JR. DIL sww, PA 17019 - SUITE 3 L- VS. J DEFENDANT: NAME and ADDRESS 17070 7 rEVANS, FOSTER T., ET AL. -SUITS 3 17070 DDSP-KT BLDG 2001 MISSION 13RIVE INI W CMERIANID, PA 17070 J DocketNo.: LT-0000461-04 Date Filed: 8/11/04 THIS IS TO NOTIFY YpU THAT: Judgment: FOR PLR INTTFP ® Judgment was entered for: (Name) EVMS, PAM/TONI Judgment was entered against EVANS, FOSTER T. in a Q Landlord/Tenant action in the amount of $ 3, 35S .50 on 8125/04 . (Date of Judgment) The amount of rent per month, as establis hed by the District Justice, is $ 875.00, The total amount of the Security Deposit is $ .00 Total Amount Establish d QJ ess - Security Deposit Ap lid ?? ? gau 0 - = _ Adjudicated Art?ou?tt 1 OQ 85v Rent in Arrears $ $ - ? • $ , . Physical Damages Leasehold Property $ 860-60-s . 00 = $ 860.00 Damages/Unjust Detention $ ,K1 _00 - $ _ QO - $ - SSi - OQ Less Amt Due Defendant from Cross Complaint - $ _on Interest (if provided by lease) $ _ o0 UT Judgment Amount $ _ 3,29-1.00 Attachment Prohibited/ Judgment Costs $ 94 _" u 42 Pa.C.S. § 8127 Attorney Fees $ _ on This case dismissed without prejudice. Total Judgment $ 3,355.50 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ _ Certified Judgment Total $ Possession granted if money judgment is not satistiea Dy time oT eviction. Possession not granted. 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 THIS 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 Qf ROURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A 1RIP)5FNTI4t LtASM THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL Wt-1'lje Vii }?QN0iI4'JCLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DnnSION. c,H. :: THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TREP1?C,pI P,?'FI?iM*j 161 NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTI£Es,aFTHE J MSNT R=-ER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCet6?41 ?r'6 OM7FIE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 8E ISSUED BY THE DISTRICT JUSTICE - ; :.:. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERES'L?£?I&!k J,UQV IEMf MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT 0ER1 WPA'V 1&Fk1L1, 9ETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ??rt,rn?u?u??,•? AUG 2 5 200,bato C( District Justice EX - 11 Cgs I certify that this-is a true and correct copy of the record of the procee ings containing the judgment. Date , District Justice M commission expires first Monday of January, 2008. SEAL AO 131sA-o3 r ; .tCOMM0N11?E-ALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 DJ Name: Hon. CHARLES A. CLEMENT, JR. j Address:' 400 . BRIDGE STREET OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717) 774-5989 17070 CHARLES A. CLEMENT, JR. .400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA 17070 RESIDENTIAL LEASE Judgment Amount $ 3,261.00 Costs in Original LT Proceeding $ 94.50 Costs in this Proceeding $ .00 Attorney Fees $ .00 Total $ 3,355.50 ORDER FOR POSSESSION,. RETURN AND NOTICE NAME and ADDRESS rEVANS, PAUL/TONI 115 ROBSON ROAD DILLSBURG, PA 17019 L VS. DEFENDANT: NAME and ADDRESS rEVANS, FOSTER T., ET AL. DDSP-KT BLDG 2001 MISSION DRIVE ,NEW CUMBERLAND, PA 17070 Docket No,: LT-0000461-04 Date Filed: 8/11/04 Time Filed: 1:28PM Date Order Filed: 9/07/04 TO THE DISTRICT JUSTICE: The above named plaintiff, having obtained a judgment for possession of real property located at:_ ` Address if any: Requests that you issue an ORDER FOR POSSESSION for such property. Date: Plaintiff: (Signature tin •File! F ORDER FOR POSSESSION S:'- To: JAMES FAIR st heriff or Certified Oonstable) You are hereby directed to deliver actual possession to plaintiff, or his agent, Of a' ? )::property locatel?.at (Give location and/or address):' Date: / i ,? fq Time: r F z ?t?G 1 f?fs"ir et Justice Received Date: :'? Time::: By: riff or rti 'Constable RETURN ? Defendant (Name): ? Adult person in charge (Name): - Served with copy of ORDER FOR POSSESSION and..served with NOTICE TO VACATE on Date of service): ?°n r •; ,, M ti .°£ : ? at?Location and Address): b :, ua -,,o ,I]'Since none of the above found, served by posting a copy of the complaint conspicuously on the premises at (Date): = `7 `. (Time): '.. ,, ? Order satisfied by payment of rent in arrears and costs ? Premises vacated without forcible entry and ejectment Amount Paid $ Distribution ? Forcible entry and ejectment (Date): $ To (Time): ? Returned within five business days following delivery of $ To possession to plaintiff or satisfaction by payment of rent $ TO In arrears and costs. Expenses and fees of sheriff or certified constable $ ` $ To _ $ TO (Signature of Sheriff or Certified Consiabfe) $ Toy- z (Print Name and Title) Ex. "D° NOTICE TO DEFENDANT TO VACATE If you, and all the occupants of this property not authorized by the ovfner to be presetnt thereon, do not vacate this property within ten (10) days after the (date of service) day of I." ' s = !,. °f. the law authorizes me to use, and I must use, such force as may be necessary to enter upon this property, by the breaking in of any door or otherwise, and to eject you and all unauthorize( occupants. If necessary, eviction will commence on ` R ' after 12:01 AM. At any time before actual delivery of the regl property is made in execution of the Order for Possession, the defendant may, in a case for the re- covery of possession solely because of failure to pay rent, satisfy the Order for Possession by paying to the executing officer the rent actually in arrears and the cost of the proceedings. Complete if judgment of possession is based solely on failure to pay rent. Rent in Arrears $ Costs $ AOPC 311 B-01 VERIFICATION The above-named Plaintiff, Luke New, verifies that the statements made in the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: n(v 'A?,w Luke New, Plaintiff rta LL A' I' ? f 1 - r i o t .." -4 M ' t ''° A •'Y £ n rn ?j Luke New IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - REPLEVIN Paul Evans and Toni Evans, Defendants :CIVIL TERM 04 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Luke New, Plaintiff, to proceed in forma pauperis. I, Geoffrey M. Biringer, 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 services to the party. MIDPENN LEGAL SERVICES BY: A , ? - Geoffrey M. Biringer, Attorney forPlaintiff 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 C c ;0' r n co Brett P. Zankel, Esquire P.O. Box 266 Dauphin, PA 17018 717) 921-2192 BZ266aAOL.com Attorney for Defendants LUKE ALAN NEW PLAINTIFF Vs. PAUL EVANS AND TONI EVANS DEFENDANTS :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION: -REPLEVIN CIVIL TERM: 04-5512 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendants, Paul Evans and Toni Evans, by and through their attorney Brett P Zankel, Esquire, who praecipes the Prothonotary to enter his appearance in this matter, does hereby pursuant to Pa. R.C.P. 1028 make the following Preliminary Objections to the Plaintiff's Complaint and assign the following reasons: L MOTIONS TO STRIKE FOR FAILURE TO CONFORM WITH RULE OF LAW OR RULE OF COURT 1. Plaintiff's Complaint violates Pa. R.C.P. 1019(a) and (h) in that Paragraph 11 is evidence and not material fact. Further, the materials in this are improperly appended to the Complaint and should be stricken. 2. Plaintiff's Complaint violates Pa. R.C.P. 1019(a) in that it sets forth numerous conclusions CERTIFICATE OF SERVICE The undersigned, being a member in good standing of the Bax of Pennsylvania, hereby certifies that he served a true and correct copy of the foregoing document on this 4' day of January, 2005, by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Geoffrey M. Biringer, Esquire MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 By: BRETT P ZANxEL, Attorney for the Dje 321 Clarks 'Valley PO Box 266 Dauphin, PA 17018 (717) 921-21.92 v -rx ni D ' -T7 t; C.: l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05512 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW LUKE ALAN VS EVANS PAUL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: EVANS TONI but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 28th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 00/00/0000 So . ,-T omas Kline Fe iff of Cumberland County Sworn and subscribed to before me this day of L, A. D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05512 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW LUKE ALAN VS EVANS PAUL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: EVANS PAUL but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 28th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 00/00/0000 Sworn and subscribed to before me this (. PI-1 day of A.D. Prothonotary ff of Cumberland County COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 Paul Evans et al SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY L9E 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2. COURT NUMBER Luke Alan New 3. DEFENDANT/SI r ) 1 SER'V1CE CALL (717) 771-9601 4. TYPE OF WRIT OR COMPLAINT A Notice & Complaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Paul Evans 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 115 Robson Road Dillsburg, PA 17019 7. INDICATE SERVICE: U PERSONAL U PERSON IN CHARGE DEPUTIZE CFrRT. MAIL U 1ST CLASS MAIL U POSTED U OTHER _ NOW November 3 20 04 1, SHERIFF OF *WWCOUNTY, PA,,do hereby dep ti the sheriff of York COUNTY to execute i rizf:makeretur f a cording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland C?i ?Ir Please mail return of service to Cumberland County Sheriff. Thank You 01? NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED G ;OFFii"L oil, ' Tl;VTJd .0t? C„LiSLa], PA 17013 2?f3- 400 111-2-01 12. SE N IC 6 R ,E f T r T ?( RESTjS BELOW: (This area must be completed if notice is to be mailed). CVL'1'.)c?llLl'1I1U Co JL1lr.iSi 3FL -qpatv- Pri nw cnR i i4w nfrr Tim Qswi?mE - nn unT wamTil:' sm nw Tum i 1/11 ' 13. 1 acknowledge receipt of the writ I 14. DATE RECEIVED 115 Expiration/Hearing Date or complaint as indicated above. T1 . ; s _ i1 S 1 1 - !_ _ l l l1 1 '7 a.` .. fl /? A.. 16. HOW SERVED: PERSONAL { } RESIDENCE)( POSTED( ) POE { } SHERIFF'S OFFICE ( ) OTHEF(Lh, SEE REMARKS SELOVI 17. U 1 hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) 21. ATTEMPTS Date Ti, 22. REMARKS: 23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Cosls Due or Refund Checl 3e. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41 AFFIRMED b ib d t nd b thi O ANSWERS . su scr a e o e re me s -1c . rl 42. day of L) , 20? r 43 - ?? / NP ARY 44. Signature of _ Dep. Sheriff 46. Signature of York 45 DAT 47 DATE a; .2S V larl Notary Pui;;'. y o Yc K Y Cauniy P, County Sheri{ ff T y iJ 1.. LL T,,`1"1 L'i• 7J0ST .-??i 1! "O/1. f?Y corns = , ,s M r 48. Signature of Foreign 49 DATE .-_ __________. County Sheriff Du. I 1%t,R14UVrn-tu17t ntt,tW I Ur i rat Witrurr b nt I UKN SICiNAI UKt 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shenfrs Office J9.. . .,,r.:. Z £ :1 d h - AON hoot d3 '.Molk 33183HS Rl JO 33; ??0 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE SLYORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAS TYPE ONLY LIE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFFISI Luke Alan New 3 DEFENDANT/S/ Paul Evens et al 2. COURT NUMBER 04-5512 -e vs _ 4. TYPE OF WRIT OR COMPLAINT Notice & Complaint 0",? SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Toni Evans 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO.. CITY. BORO, TWP- STATE AND ZIP CODE) AT 115 Robson Road Dillsburg, PA 17019 7. INDICATE SERVICE' U PERSONAL U PERSON IN CHARGE DEPUTIZE l1 CERT MAI U 1 ST CLASS MAIL U POSTED LI OTHER NOW November 3 , 20 04 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of or COUNTY to execute th' ?.¢ffrn t ccording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Cwtierland. Please mail return of service to CLImberland County Sheriff. Thank NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 4- TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER [11 DATE FILED r, r - 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). ct?:l..?: .}?cI CO SH77RIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM LSE 13. 1 acknowledge receipt of the wrd 14. DATE RECEIVED 15. Expiration/Hearing Dal or complaint as indicated above. 11" i E N S 11- 4 - 04 16. HOW SERVED: PERSONAL ) RESIDENCki q_ POSTED( j POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELC 17. U 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. E TITLE OF DIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date I Se ice 20 Time of S rvice 21 AT(EM[TS?Date ?I e' I MSS I Int. Date I Time Miles IInt. Date Time I Miles I Int Date I Time Mites I Int. Date I Time I Miles Int. Date Time Miles ( In 22. REMARKS: 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Oue a Refund Chec 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38 Postage/Not Found 39. Total Costs 40. Costs Due or Refun 50 RS 14 41. AFFIRMP and subscri o bef9 a me this }z t bl' ? 44. Signature of 45. Df),T J } ay 42 day Of 20 _ 43. ep. Sheriff ` --- ?iFi' I NOTA ? ,t I !,cam 46. Signature of York 47. OAT ry a V \ an. h+ctY ut.C Sheriff 1'j f M "'M i? . SiOJ ?' . , 12-0-04 Ity of 7 4r runft F-A, . L - `'Yom 48. Signature of Foreign 49 DATE County Sheriff 50, 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shenfrs Office Z £ : I d h - AON h001 Vd 'MOA 4AI83HS 3H1 J0 331.' 0 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) 4-0-k F 41,AAt ' A '66a (Plaintiff) vs. dN/ (Defendant) No. A J`J?_, Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): 77p Ai tiii/d ,+ f /,f he-1,-.41, rl,l?' y 'O 'ems 2. Identify counsel who will argue cases: (a) for plaintiff: ame and Address) (b) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Kee Iler Print your name Date: 6 O?' Attorney for All, d ? ? ?, fi? Vic; ? °?? ??ixt r? ??s? LUKE ALAN NEW Plaintiff Vs. PAUL EVANS and TONI EVANS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA No. 04-5512 Civil Term LANDLORD/TENANT ANSWER TO PRELIMINARY OBJECTIONS 1. MOTIONS TO STRIKE FOR FAILURE TO CONFORM TO RULE OF LAW OR RULE OF COURT 1. Denied. Plaintiff has stated in a concise and brief form those items belonging to him that were wrongfully taken from him by the Defendant. Further denied that the claim is based on a writing. It is based on the wrongful action of the Defendant in taking personal property that belongs to the Plaintiff, not the Defendant. 2. Denied. Paragraphs 1-12 of Plaintiff's Complaint set forth those facts upon which Plaintiff's claim is based, namely the taking of Plaintiffs personalty by the Defendant, without right, title, or interest to do so. 3. Denied. Plaintiff's Complaint sets forth all of the conditions precedent to his claim for a wrongful taking of his possessions by the Defendant. II. DEMURRER 1. Denied. Plaintiff has set forth all of the elements of an action in Replevin contained in Pa.R.C.P. No 1073.1. 2. Denied. Defendant knew of Plaintiff's presence at the ]eased premises and, as a result, the presence of his personal property. Defendant's holding of this property and his refusal to return it to the Plaintiff, is wrongful. III. MOTION FOR MORE SPECIFIC PLEADING 1. Denied. The Complaint sets forth that the Defendant wrongfully appropriated personal property that did not belong to him, but to the Plaintiff. 2. Denied. Assuming Defendant meant to list Paragraph 11, not four, Plaintiff s listing of items in Paragraph four is sufficient to apprise the Defendant of which items are requested so that an answer can be prepared. WHEREFORE, Plaintiff requests that Defendants' Preliminary Objections be overruled, and that Defendant be required to file an Answer to Plaintiff s Complaint. Respectfully submitted: I0:?e l d i Geoffrey M. Bing inger MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 717-243=9400 Supreme Court ID# 18040 The above-named Plaintiff, Luke New, verifies that the statements made in the above Answer to Preliminary Objections are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5 6 Luke New CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing document on this 29 h day of June, 2005, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Brett P. Zankel, Esquire 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 By:,z Geoffrey M. Biringer Attorney for the Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Supreme Court ID#18040 Q C) :. -n L r '., n y L' IV r LUKE ALAN NEW, PLAINTIFF V. PAUL EVANS AND TONI EVANS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5512 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY, J. AND GUIDO, J. ORDER OF COURT r AND NOW, this day of August, 2005, the preliminary objections of defendants to plaintiffs complaint, ARE DISMISSED. ,eoffrey M. Biringer, Esquire For Plaintiff rett P. Zankel, Esquire For Defendants :sal C-3 ? }l :L U ? Brett P. Zankel, Esquire P.O. Box 266 Dauphin, PA 17018 717) 921-2192 BZ266Ca)AOL.com Attorney for Defendants LUKE ALAN NEW PLAINTIFF VS. PAUL EVANS AND TONI EVANS DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION: - REPLEVIN CIVIL TERM: 04-5512 NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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 property 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 NOTICIA LE HAN DEMANDO A USTED EN LA CORTE. Si listed quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICE, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFFICINA CUYA DIRECTION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE SUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 By: BRETT P ZAN, ESQU Attorney for a Plaintif 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 Brett P. Zankel, Esquire P.O. Box 266 Dauphin, PA 17018 717) 921-2192 BZ266aAOL.com Attorney for Defendants LUKE ALAN NEW PLAINTIFF Vs. PAUL EVANS AND TONI EVANS DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION: - REPLEVIN CIVIL TERM: 04-5512 ANSWER. NEW MATTER AND COUNTER CLAIM AND Now, come Defendants, Paul Evans and Toni Evans, husband and wife by and through their attorney, Brett P. Zankel, Esquire, and file an Answer, New Matter, and Counterclaim to the Complaint of Luke New and avers in support as follows: Denied; Defendants' believe and therefore avers that Plaintiff is not the actual Plaintiff but in fact is the surrogate for the actual leasor of the subject property Foster Evans. Further it is denied that Luke New lives at the afore stated address or ever lived at that address, investigation shows it to be the residence of Foster and Carolyn Evans. Luke New is a resident of Philadelphia, Pennsylvania. 2. Admitted. Admitted. 4. 6. 9. Denied; By way of further answer Luke New was listed in the lease as a member of the Foster Evans family not as a tenant. Denied; Plaintiff attended the District Justices Eviction hearing and knew that his family unit owed Defendant's as of August 11th, 2004, three (3) months of back rent and almost $1,000.00 in back municipal utilities including water and sewer bills, totaling over $3,500.00 and that significant damages had been done to the dwelling. Admitted. Admitted. Denied; As a conclusion of law by way of further answer Plaintiff and clan were evicted from premises on August 25`h, 2004 and on September 7th, 2004, Foster Evans and clan were ordered by the Court to immediately leave the premises and had until September 18`h 2004, to be forcibly removed from the house. On or about September 9', 2004, the leasors and clan turned over their keys to the house to the Defendant's and told them that the entire family unit had moved out, at that time Plaintiff Luke News legal status was as a squatter or trespasser in this property. Denied; As a conclusion of law. All facts plead in Paragraph 8 are plead by reference as they are set forth in full. 10. Denied; By way of further answer Plaintiff and the rest of the Foster Evans clan had left all of said property not in the house but on the front lawn of the house where it remained for weeks. Defendants tried to contact Plaintiff or the Forster Evans clan to remove it. Finally the items were hauled away when Lemoyne Borough Code Officer ordered Defendant to remove said items from the lawn because they were garbage and constituted a nuisance under the Borough Code. This property was never destrained. 11. Denied; It is specifically denied that the listed items are the Plaintiff's property, that they have the listed value, or any value whatsoever, or that the listed property ever existed. Strict proof of the title, value and condition is demanded at hearing. 12. Denied; As a conclusion of law, by way of further answer Defendants deny destraining any of the Plaintiffs or the Foster Evans clans property. WHEREFORE Defendant moves the Court to dismiss this action will prejudice. NEW MATTER 13. All facts plead in paragraphs 1 through 12 are hereby plead by reference as though set forth at length. 14. Defendants believe and therefore averr that Plaintiff is employed and not eligible to be represented by Legal Services. 15. Leasor Foster and Carolyn Evans returned their keys to the subject property to Defendants and gave notice then that they and their family had moved out of the subject house immediately after being served with the Writ of Possession. 16. Defendant's were called by neighbors to complain to them that their house was an eye sore and nuisance with the lawn covered with the leasors property placed there by the leasor and Plaintiff. 17. Further the neighbors complained that Plaintiff was returning to the property with his friends and conducting loud drunken parties and was trashing the house. 18. Defendants immediately drove over to the property and found the entire lawn covered with all kinds of junk and personal property of the leasor and their family unit on tarpaulins borrowed from a neighbor. They then entered the house and found it a total trashed mess littered with empty liquor bottles and beer bottles, cigarettes put out on the carpet and bare floors, drawers used as ashtrays, trash strewn all over, vomit and human urine on the floor. Much later marijuana and drug paraphinallia were found in the attic believed to belong to the Plaintiff Luke New. 19. Extensive repairs and refurbishment of the property had to be conducted before the property could be rented to another family unit. This took three (3) months at $875.00 per month. 20. All floor surfaces needed to be repaired or replaced, this cost in excess of $1,500.00. 21. Defendants had to put in excess of 120 hours into cleaning and repairs at a loss of $20.00 per hour in income. 22. Defendants were left with more municipal utility bills to pay for the months of August and September. 23. Defendants believe that Plaintiff Luke New intentionally or negligently damaged the house as revenge for being evicted. 24. Eventually Lemoyne Borough Code office gave Defendant's notice that the property left by leasor on the lawn was garbage and was a nuisance and must be removed by Defendants or they would be charged criminally. 25. Defendants had to hire a private hauler to remove the garbage at substantial cost. The hauler refused to remove some of the automotive items as "Hazardous Waste" Defendants were forced to move them on their own. WHEREFORE Defendants requests this Court to dismiss this action with prejudice. COUNTER CLAIM Paul Evans and Toni Evans, husband and wife by their attorney do move the Court on the Legal Theory of Quantum Meruit and do Counter Claim against Luke New and averr in support as follows: 26. Counter Claimants plead by reference paragraphs 1 through 25 of this Answer and New Matter as though set forth at length. 27. Counter Claimants seek back rent at the rate of $875.00 per month for five (5) months, August and September and the three (3) months it took to make the property rentable. 28. Counter Claimants seek $300.00 for unpaid municipal utilities for the months of August and September 2004. 29. Counter Claimants seek damages of $7,500.00 to repair the damage done by Plaintiff Luke New to the house. 30. Counter Claimants seek $450.00 for fees for hauling away Luke New's garbage. WHEREFORE Counter Claimants seek damages in excess of $10,000.00 from Luke New. Since this is an Equitable Action it is not subject to Arbitration. By: BRETT P ZANKEL, ESQUIRE Attorney for the Plaintiff 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. This verification is made pursuant to Pa. R.C.P. 1024(c) due to the lack of availability of the Plaintiff. Date: 6 By: ze'z/ BRETT P ZAN , SQUIRE Attorney for laintiff 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 CERTIFICATE OF SERVICE The undersigned, being a member in good standing of the Bar of Pennsylvania, hereby certifies that he served a true and correct copy of the foregoing document on this 9' day of September, 2005, by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Geoffrey M. Biringer, Esquire MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 By: BRE P ZANKEL, Es I Attorney for the Def ant 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 LUKE ALAN NEW, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. _ CIVIL ACTION- REPLEVIN PAUL EVANS and TONI EVANS , : CIVIL TERM- 04-5512 Defendants PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM NEW MATTER 13. No response required. 14. Denied. The allegation is not a fact material to the cause of action and is confidential between the Plaintiff and counsel. 15. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 16. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 17. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. To the extent that Plaintiff has information, Plaintiff explicitly denies conducting or allowing drunken parties or "trashing" the house. 18. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. To the extent that Plaintiff has information, Plaintiff denies that the leased premises was a mess and/or that any illegal substances were, at any time relevant to these proceedings, in the possession of the Plaintiff. 19. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 20. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 21. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 22. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 23. Denied. Plaintiff caused no damage to the house and was not "evicted." He was locked out of the premises, away from his possessions, as stated in his Complaint. 24. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 25. Denied. Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. Wherefore. Plaintiff requests that this Court find against the Defendants on his original Complaint. COUNTERCLAIM 26. No response required. 27. Denied. Plaintiff is not liable for rent to the Defendants as the lessors of the property were Plaintiff's grandparents. Defendants obtained a judgment for rent against the grandparents on August 25, 2004. Further denied that the property was not rentable as Plaintiff is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 28. Denied. Plaintiff was not the lessor of the property and is not liable to the Defendants for any of the charges attributable to the lessors, if any. 24. Denied. Plaintiff caused no damage to the house and, further, Plaintiff is without information sufficient to form a belief as to the truth of the averment, and demands proof thereof at trial. 30. Denied. Plaintiff created no garbage at the house and, further, Plaintiff is without information sufficient to form a belief as to the truth of the averment, and demands proof thereof at trial. WHEREFORE, Plaintiff requests that Defendants' Counterclaim be dismissed and judgment entered for the Plaintiff for possessions held or destroyed by the Defendants or, if unavailable, judgment in the amount of $5,275, said amount being within the amount subject to compulsory arbitration. Geoffrey M. Bi nger MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. This verification is made pursuant to Pa.R.C.P.No.1024(c) as the Plaintiff is outside the jurisdiction of this Court and the verification cannot be obtained within the time that the pleading is due. Date: 167 `/Z (15 By: Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct.#18040 CERTIFICATE OF SERVICE The undersigned, being a member in good standing of the Pennsylvania Bar, hereby certifies that he served a true and correct copy of the foregoing document on this ?Z-ZZ day of October, 2005, by placing same in the United States Mail, first class postage, prepaid, and addressed as follows: Brett P. Zankel, Esquire 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 By: J?? I It - -]? eoffrey M. Bii nger, Esq, MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 hl rc ? l J ? i -tl C? .-1 ?..? --? V-11?-;C n? iv '-: _.. ":i c a Curtis R. Long Prothonotary Office of the Protbonotarp CCumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n4 - 9S j9,2? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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)