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Home My WebLink About06-0410 Law Offices of Susan K. Pickford 3344 Trindle Road Camp Hill, PA 17011 (717)612-1660 ID # 43903 KEVIN MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs NO, 0 I. - '-j \ 0 ~ -r.",,- JEFF GATES and DONNA GATES, Defendants ACTION - CIVIL NOTICE Your have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within (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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166) , , KEVIN MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs NO, 0(._ YiO tivJ '\ L<- JEFF GATES and DONNA GATES, Defendants ACTION - CIVIL COMPLAINT IN CIVIL ACTION Plaintiff, by his attorney, Susan K, Pickford, Esquire, demands damages of the defendants herein upon causes of action whereof the following are statements: 1. Plaintiff is the leasee of the residential property located at 5511 #2 Moreland Court, Mechanicsburg, Cumberland County, Pennsylvania 2. Defendants are the owners and lessors of said residential property. Defendants reside and lor do business at 1230 Blossom Terrace, Boiling Springs, Cumberland County, Pennsylvania. 3. The subject property is located in Cumberland County. 4. On or about December 2 I, 2005 the parties entered into a lease for a one year term. 5, At the time of the lease agreement the Defendants agreed to accept various home- improvements to the premises performed by Plaintiff in exchange for December's apportioned rent. 6. At the time of the lease agreement the Defendants also agreed to accept the security deposit in payments of $75.00 per month until paid in full. 7. On January 14, 2006, Defendant's entered Plaintiffs the leased property without permission of the Plaintiff, removed his personal property and changed the locks on the door, denying him access to the leased property and his personal property, 8. Plaintiff was forced to seek lodging in hotels, eat at restaurants and purchase personal property such as clothes, toiletries, etc. Plaintiff is unable to continue paying for the hotel room and maintaining the other expenses of being out of his home, Plaintiff continues to be responsible for the payment of utilities in the property to which he has no access, , 9, Plaintiff has partial custody of his minor children and does not have an appropriate place to take them for his scheduled time, 10. Defendants utilized illegal self-help methods of eviction. Plaintiff suffered damages and continues to suffer from displacement from his home due to the intentional acts of Defendants. 11. As a result of the intentional acts of Defendants, the Plaintiff has suffered emotional and financial damages. COUNT I BREACH OF IMPLIED COVENANT OF OUlET ENJOYMENT 12, The averments contained in paragraphs 1 through 11 are incorporated herein, 13. As a result of Defendants intentional acts, Plaintiff was deprived of the full possession of the leased property free of interference. WHEREFORE, Plaintiffs demand damages of the Defendants herein for actual damages in excess of $3,000 and punitive damages, COUNT II VIOLA nON OF PENNSYL VANIA LANDLORD and TENANT LAW 14. The averments contained in paragraphs 1 through 13 are incorporated herein. 15. Defendants acts violate the Landlord and Tenant Act of 195] which provides for exclusive procedures for eviction, 16, Defendants actions in changing the locks and removing Plaintiff s property to a storage compartment to which Plaintiff does not have access constitutes illegal self help eviction, WHEREFORE, Plaintiffs demand damages of Defendants herein for treble actual damages in excess of $3,000.00, Plaintiffs' costs and attorney's fees, COUNT III INJUNCTIVE RELIEF 17. The averments contained in paragraphs 1 through 16 are incorporated herein. 18. Defendants continue to lock Plaintiff out of the property and hold his personal property in locked storage, WHEREFORE, the Plaintiff requests this Honorable Court to grant an injunction compelling Defendants to immediately restore access to the leased property and his personal property pending hearing on the remaining counts. tfully submittyd;) , .// /'/ ,/ ,/ ,/ >~/l .;2..-;/,,- "-~0/~'-~'-Y usan K. Pickfo , Esq. ID# 43093 Attorney for Plaintiff 3344 Trindle Road Camp Hill, PA 17011 (717) 612-1660 .' VERIFICATION I, Kevin Myers, verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Complaint are true and correct to the best of my 1m ledge. I understand that any false statements are made subject to the penalti of 18 Pa.C,S, Section 4904 relating to unsworn falsification to authorities, / - J(} - J ;; Date ,~'>-) (-) ( '-n "'b c_ -J l'- ",", ~ J "'-) f:'-J 0 t - ~ lJ II<' '-..J '" i..l-- l...>l {' ", "..r V\ C; .....:;: V' CJ l~ , o , . ~ , ,I~N 2 0 2006 KEVIN MYERS, Plaintiff f: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Vs /7 ' NO. 0 i. ,'I/O LUH1 -7;--. JEFF GATES and DONNA GATES, Defendants ACTION - CIVIL ORDER OF COURT AND NOW, this zo. day of January, 2006, upon consideration of the attached P"~''") j;.,,~ .... 4J Complaint)\it is hereby' ordered that Defendants restore immediate possession ofthe premises at 5511 #2 Moreland Court, Mechanicsburg, Pennsylvania to Plaintiff and the personal property belonging to Plaintiff. It is further ordered that the parties and the~ I~.' tfO ct, m respective counsel appear at C...A-....... <I on::;a..,...., z..? , 200~,for a hearing on the matter of injunctive relief set forth in Count III of the Complaint. For the Court, I By:...4 A fit- Honora e Judge Co n Pleas Court Of berland County ;file> - (lDfY p0l-S~{{y 9,LY;:..) ~ /J-Uy HJ~ Cof'( nQ I ~cL --h ~~-/.s 4 78 :/ 11~1 O?~ '!'T 01/25/2005 17:21 717-731-%27 GATES HALBRUNER HATe PAGE 03/04 .- Gates, Halbt'UIler & Hatch, P .C, By: Matthew J. Eshelman, Esquire Attorney ID No. 72655 1013 Mumma Rd., Suite 100 Lemoyne,PA 17043-1144 (717) 731-9600 M.Eshelman@GaresLawFinn.com Attorneysfor Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KEVIN MYERS, CIVIL ACTION PLAINTIFF, CASE NO. 06-410 CIVIL TERM VS. Previously assigned to Judge Hess JEFF GATES and DONNA GATES, DEFENDANTS. STIPULATION Plaintiff, Kevin Myers, by and through his attorney, Susan K. Pickford, Esquire and Defendants, Jeff and Donna Gates, by and through their attorneys, Gates, Halbruner & Hatch, P.C" hereby stipulate to resolve this matter as follows: 1. Landlord is Jeff and Donna Gates. defendants in the above-captioned matter. 2. Tenant is Kevin Myers, plaintiff in the above captioned matter. 3. Landlord and Tenant stipulate that the caption in the Distri.ct Justice action between the parties (LT-56-06) be amended to reflect the fact that the correct name of the Defendant is Kevin, Myers, not Eugene Myers. 01/25/2005 17:21 71 7-731-9527 GATES HALBRUNER HATe PAGE 04/04 ."., 4. Landlord agrees to convey to Tenant $1400.00, payable to Tenant's attorney, without admission of wrongdoing and in full settlement of all claims raised in the above- captioned action. Receipt of Landlord's check is hereby acknowledged. 5, Tenant, by and through his attorney, hereby accepts service in the District Justice action. 6. The parties authorize Judge Clement to enter a Judgment for Possession in favor of Landlord and against Tenant, effective Febl1l81'Y 1, 2006, in full settlement of all ciaiw raised in the above-captioned action (including any claim for rent or damages) without admission of wrongdoing. Tenant agrees to be removed from the property by 5:00 PIn, January 31, 2006. 7. The hearing scheduled for January 30, 2006, at 10:00 am before Judge Hess is cancelled. The matter is settled and satisfied. 8. The hearing scheduled for February 6, 2006, at 2:00 pill before Judge Clement is cancelled. The matter is settled and satisfied. 9. Landlord is represented by Matthew J. Eshelman, Esquire. Attorney Eshelman is authorized to enter into this Stipulation on their behalf. 10. Tenant is represented by Susan K. Pickford, Esquire. Attorney Pickford is authorized to enter into this Stipulation on his behalf, Tenant or his counsel will provide Landlord or their counsel with a forwarding address of Tenant. II. Facsimile copies of this agreement may be treated as originals, Susan K Pickford 3344 Trindle Rd. CampHill,PA 17011 (717) 612-1660 (717) 612-0375 fax Artorney fO~% Date: f i',& Respectfully Submitted. GATES R I~TCJJ,P.C. Matthew . Eshe m Esquire - ID#72655 1013 Mumma Rd., Suile 100 Lernoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627t"ax Attorneysfor faeftrr;r Date; I rJ.(f; fo I ' 0 ...., 0 C;':t C (:::~ '11 -.~~ ,.r- '- ...... 0~; u ::r;..,.., I :j:.:'" n1--' " *,,',- -"Fn ;Z, , '-" :tJC[ ,J CJ (') c~ (cJ ., -0 ~\::H X. , .- =r; (2(') ~~~-,' (5..11 -'" C" <.f? .-\ :;-': -'y", -" :Ll ...<: co ,"" ~-_.~~.~_..----...--- r - i'- -' Gates, Halbruner & Hatch, P.C, By: Matthew J, Eshelman, Esquire Attorney lD No. 72655 1013 Mumma Rd., Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 M.Eshelman@GatesLawFirm,com Attorneysfor Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KEVIN MYERS, CIVIL ACTION PLAINTIFF, CASE NO. 06-410 CIVIL TERM VS. JEFF GATES and DONNA GATES, Previously assigned to Judge Hess DEFENDANTS, ORDER ,10.\1 ;1 '" ", "',' .~ i~.GJ 9" Upon consideration of the Stipulation between the parties, the Stipulation is hereby APPROVED and adopted as an order of court. ~...,t. / ZeI()(, Distribution List Susan K. Pickford, Esq, Attorney at Law 3344 Trindle Rd. Camp Hill, PAl 7011 Matthew J. Eshelman, Esq, Gates, Halbruner & Hatch, P.C, 1013 Mumma Rd., Suite 100 Lemoyne, PA 17043-1144 ~ ~ :),0),.01.,- ~. -;;;. ~ \";:: ~0;:; be: \~lr\i,...V , 9\.:1-' \).-~ y. '6 (0 o {j-. -<<' ':6 ~ \ <P ~.l \.J0- B C-' . ,,--......----