The URL can be used to link to this page

Home My WebLink About04-6466STEVEN FRY Plaintiff Vs. JAMES COSTOPOULOS d/b/a/, THE MOLLY PITCHER HOTEL Defendants : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - EQUITY 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 STEVEN FRY, Plaintiff VS. JAMES COSTOPOULOS,d/b/a/, THE MOLLY PITCHER HOTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-EQUITY : : : CIVIL TER_IVl 04- COMPLAINT Plaintiff, by his attorneys, respectfully submits as follows: 1. Plaintiff, Steven Fry , is an adult individual presently residing at Room 0419, Molly Pitcher Hotel, 13 S. Hanover Street, Carlisle, PA 17013. 2. Defendant, James Costopoulos, d/b/a/ The Molly Pitcher Hotel(hereinafter referred to as Landlord), has a local business address of 13 S. Hanover Street, Carlisle, PA 17013. 3. Landlord is the owner of the property located at Hanover Street, Carlisle,pennsylvania( hereinafter the "premises"). 4. On September 27, 2004, Plaintiff entered into an oral agreement to lease the premises from Defendant for a rental of One Hundred Six Dollars ($106) per week. 5. Plaintiff, took possession on that date and has lived there continuously since. 6. Despite living in a room in a hotel-like setting, Plaintiff has always maintained his own room, changed his own linens, emptied his own trash, and, in every way, enjoyed the 13 S. privacy accorded to apartment dwellers in landlord/tenant situations. 7. Despite the existence of said lease, and payments of rent made in full and current through November, 2004, Landlord removed all of Plaintiff's possessions on December 24, 2004, without due Drocess of law, the Landlord Tenant Act and the Pennsylvania Rules of Civil Procedure. 8. According to the Defendant, the Plaintiff currently owes Five Hundred Thirty-Six Dollars ($536), although the lack of heat and the sporadic provision of heat, the lack of adequate lighting, and the presence of cockroaches, severly reduces the value of the premises to the Plaintiff. 9. As a result of Defendant's threats, Plaintiff's counsel attempted to Dersuade Defendant to follow the procedure for eviction contained in the Pennsylvania Rules of Civil Procedure for District Justices (PA.R.C.P.DoJ.No. 501 et. seq.), to no avail. 10. Plaintiff has no alternative permanent housing available to him. 11. As a result of Landlord's refusal to allow continuing possession of the leasehold to Plaintiff until a Court Order is obtained pursuant to the Rules of Civil Procedure, Plaintiff will suffer irreparable harm if this Court fails to intervene. Such harm includes, but is not limited to: a. Gross disruption of personal life; b. Mental anguish caused by the absence of basic needs; c. Embarrassment and humiliation; and d. Loss of security for Plaintiff and his personal property because Plaintiff may be forced to leave the residence abruptly without provisions for another place to reside. 12. Comparatively, Landlord will not be substantially harmed if required to allow Plaintiff the continued peaceful possession of the leasehold pending a proper resolution under applicable landlord-tenant and contract laws of the Commonwealth and rules of Court. 13. Tenant has no adequate remedy at law. WHEREFORE, Plaintiff prays that your Honorable Court: 1. Pursuant to Pa. R.C.P. No. 1531 (a), issue an e__x parte special injunction confirming Plaintiff's right of exclusive possession of the room, and enjoining Defendant Landlord from holding Plaintiff's possessions and Ordering Defendant to return Plaintiff's possessions to his room, pending a judicial resolution of the dispute, and do so without requiring Plaintiff to post bond due to his indigence; 2. Upon hearing, grant a temporary and then permanent injunction enjoining Landlord from disturbing Plaintiff's right to peaceful possession and quiet enjoyment of the leasehold as long as Plaintiff complies with the post-judgment agreement; 3. Following hearing, award Plaintiff compensatory damages in the approximate amount of one thousand dollars ($1000); 4. Grant such other relief as the Court deems fit. Respectfully submitted, MIDPENN LEGAL SERVICES Attorneys for Plaintiff Supreme Court I.D. 18040 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 VERIFICATION The above-named Plaintiff, Steven Fry, verifies that the statements made in the above Complaint are true and correct. The Plaintiff understands that false statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unswom falsification to authorities. Steven Fry, Plflifitiff PROOF OF SERVICE The undersigned hereby certifies that on the below stated date, he served a true and correct copy of the within Complaint, together with a copy of the Motion For Special or Preliminary Injunction, proposed Order for Preliminary Injunction and Memorandum of Plaintiff, Steven Fry, on the Defendant, James Costopoulos, by serving him personally at his place of business, 13 S. Hanover Street, Carlisle, PA 17013. Date Geoffrey Mk Biri~ger, Supreme Court I.D. #18040 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 STEVEN FRY, Plaintiff Mo JAMES COSTOPOULOS, d/b/a THE MOLLY PITCHER HOTEL,: Defendant · IN THE COURT OF COMMON PLEAS · :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - EQUaTY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Steven Fry, 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 Geoffrey M. Biringer, Attorney for Appellant 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Supreme Court ID# 18040 STEVEN FRY, Plaintiff Vo JAMES COSTOPOULOS, d/b/a, THE MOLLY PITCHER HOTEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION- EQUITY : : CIVIL TERM- 04 MOTION FOR SPECIAL OR PRELIMINARY INJUNCTION Pursuant to Pa. R.C.P. No. 1531 (a), upon the verified Complaint filed simultaneously herewith, Plaintiff, by his counsel, respectfully moves your Honorable Court to issue an e__x parte special injunction, without written notice to Defendant, pending hearing to be held within five (5) days or as soon as is possible, enjoining the Defendant from evicting the Defendant without due process under the law. Such relief is appropriate and should be granted because, as more fully set forth in Plaintiff's Complaint: 1. Plaintiff is threatened with immediate and irreparable harm unless the special relief prayed for herein is granted; 2. Plaintiff has no adequate remedy at law; 3. Defendant will not be substantially harmed if the special relief is granted, pending a final determination on the merits; and 4. There is a substantial likelihood that Plaintiff will ultimately be successful on the merits. WHEREFORE, Plaintiff requests that your Honorable Court issue a preliminary or special injunction prior to written notice to the Defendant and do so without the necessity of posting bond due to Plaintiff's indigent status and, upon hearing, grant a permanent injunction enjoining Defendant as set forth herein above. Date Respectfully submitted, MID~,NN LEGAL SERVICES Geoffrey M. Biringer, Esquir~ 8 Irvine Row, Carlisle, PA 17013 (717)243-9400 Supreme Court I.D. #18040 STEVEN FRY, PLAINTIFF V. JAMES COSTOPOULOS d/b/a THE MOLLY PITCHER HOTEL, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-6466 CIVIL TERM ORDER OF COURT day of December, 2004, a hearing shall be conducted on the petition of plaintiff to enjoin defendant from evicting him from Room 419 Molly Pitcher Hotel, without legal process, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Tuesday, December 28, 2004, at 3:00 p,m, Geoffrey M. Biringer, Esquire For Plaintiff :sal ~ (/E~gar ~ STEVEN FRY, PLAINTIFF V. JAMES COSTOPOULOS d/b/a THE MOLLY PITCHER HOTEL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-6466 CIVIL TERM ORDER OF COURT day of December, 2004, the hearing :sal Edg~ar. Bayley, J~ James Costopoulos, Pro se Geoffrey M. Biringer, Esquire For Plaintiff AND NOW, this scheduled for December 28, 2004, is continued and rescheduled for 11:00 a.m., Thursday, February 10, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the hearing, defendant shall not evict plaintiff from Room 419 at the Molly Pitcher Hotel, without legal process. Plaintiff shall remain in that Room under what has been the financial terms of the parties. ~~. )h~q( VS. ~ ~~ ~A/CJ-; ,;/ . ';1L 7h-u~ P --I" A dJi/" &~ In the Court of Common Pleas of Cumberland County, Pennsylvania No. m-~ L/{o '" Civil.;I.;? d C! Y . .il~~~C~.--C~~//~/;.A< Ai // 4.-t-/~ a,L /~ To Prothonotary 19 J~.h.~ Attorney for Plaintiff STEVEN FRY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Vs. JAMES COSTOPOULOS d/b/a THE MOLLY PITCHER HOTEL, Defendants : CIVIL ACTION -- EQUITY : CIVIL TERM 04-6466 SETTLEMENT AGREEMENT Now, therefore, the parties hereto agree to settle the above-captioned case upon the following terms and conditions: J. Plaintiff will vacate Room #419 of the Molly Pitcher Hotel, 13 S. Hanover Street, Carlisle, PA 17013, no later than February 10,2005. 2. Defendant releases Plaintiff from any and all liability arising from Plaintiffs occupancy of Room #419 of the Molly Pitcher Hotel. 3. Plaintiff releases Defendant of any and all liability arising from Plaintiffs occupancy of Room #419 of the Molly Pitcher Hotel. Date: c:~ //{'~ d ~ Date: j)J- /1- tJ <J- s Costopoulos, Defendant &~.~. Steven Fry, Plaintiff 1,...,' -