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HomeMy WebLinkAbout09-3642I, I. Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) Attorney for Plaintiff TERRY SINGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2009 - 3G,4/a CIVIL TERM LEIBY M.H.C. and LORI EVANS, 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 or by attorney and filing in writing with the court your defenses or objetions 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 (717) 249-3166 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) Attorney for Plaintiff TERRY SINGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2009 - 4 Y CIVIL TERM LEIBY'S M.H.C. and LORI EVANS, : Defendant COMPLAINT 1. Plaintiff, Terry Singh (formerly known as Terry Price), is an adult individual residing at 248 Key West Boulevard, Carlisle, Pennsylvania. 2. Defendant, Leiby's MHC is a limited liability corporation with a business address of 9073 Nemo Street, Los Angeles, California, 90069. 3. Defendant Lori Evans is an employee or agent of Defendant Leiby's MHC with her principal place of business at 7073 Carlisle Pike, Carlisle, Pennsylvania. 4. On or around August 14, 2008, Plaintiff and Defendant entered into an Agreement whereby Plaintiff agreed to buy and Defendant agreed to sell a 1984 Liberty 14X66 mobile home for $9,500.00. 5. At the time that the Plaintiff entered into the agreement to purchase the trailer from the Defendant, representations were made to the Plaintiff that the trailer was habitable and it was safe for her and her family to reside in the trailer. 6. Defendant Evans showed the Plaintiff the trailer on two separate occasions prior to entering into the agreement to purchase the property and on neither occasion informed the Plaintiff that there were high levels of mold present in the trailer. 7. On the two occasions that the Plaintiff viewed the trailer prior to purchase, the Plaintiff could not see any mold present. 8. At the time that she signed the Bill of Sale, Defendant Evans demanded the Plaintiff that she should just sign the paperwork and that she could read the terms of the Bill of Sale later. 9. After moving into the trailer, the Plaintiff began to have migrane headaches, experienced nose bleeds, and started feeling nauseous. 10. At the time of the sale, Lori Evans, an agent or representative of the Defendant, also failed to inform the Plaintiff that the last person who had owned the trailer had died in the trailer 11. Approximately a month after moving into the property, Plaintiff informed Defendant Evans that she was feeling ill and described her condition to Evans. Evans told the Plaintiff that she was probably suffering from allergies. 12. On or around the middle of October, 2008, the Plaintiff became so ill that she was admitted for treatment at the Franklin Square Hospital Center in Baltimore, Maryland. 13. Plaintiffs treating physician informed the Plaintiff that her symptoms were the result of exposure to mold and told the Plaintiff that she should not return to the trailer, because the exposure to mold may cause hr health symptoms to worsen. ? r 14. After being released from the hospital, the Plaintiff approached Lori Evans and told her about the symptoms that she was experiencing due to her exposure to the trailer and requested that she either be given back the money that she paid for the trailer or that another trailer be sold to her in exchange. 15. Lori Evans indicated to the Plaintiff that the Defendant Leiby MHC was not agreeable to give the Plaintiff her money back. 16. The Plaintiff asked Lori Evans and Terry Leiby, another agent of the Defendant Leiby MHC to exchange the trailer the Plaintiff purchased for a different trailer, but they told the Plaintiff there were no other trailers available although there clearly were other vacant mobile homes within the park. 17. Under information and belief, it is averred and believed that the Defendants were aware of the problems with mold in the trailer when it was purchased by the Plaintiff and that they intentionally failed to withhold this information from the Plaintiff. 18. Under information and belief, it is averred and believed that the Defendants were aware that the last tenant had passed away in the mobile home and that they intentionally failed to withhold this information from the Plaintiff. 19. Although the doctor had advised she not return to the home, the Plaintiff had to go back to live at the trailer because she did not have anywhere else to go. 20. Relatives and friends of the Plaintiff who spent any extended period of time in the trailer also began to feel ill and experienced nausea, nose bleeds and vomiting. 21. On or around the beginning of May, 2009, Plaintiff called the Pennsylvania Department of Health and notified them of the conditions at the property. 22. After the Plaintiff contacted the Pennsylvania Department of Health, agents or representatives of the Defendant at the direction of the Defendant have been making repairs to the property. 23. As a result of her medical problems, the Plaintiff has had to take several prescriptions and has experienced worry, loss of sleep, anxiety and humiliation. 24. Plaintiff has expended over two hundred dollars in cleaning supplies to clean the trailer and make it habitable. 25. At times the Plaintiff has had to stay with other relatives or in a motel because despite her best efforts to clean the property, the smell of mold is so overwhelming that it is not safe for her to remain in the trailer. COUNT 1- BREACH OF CONTRACT AGAINST LEIBY'S M.H.C. 26. Plaintiff incorporates paragraphs 1 through 25 as contained herein in their entirety. 27. Plaintiff entered into a contract whereby the Plaintiff agreed to sell and the Defendant agreed to buy a mobile home that was habitable for the Plaintiff and her family to live in. 28. The mobile home that the Defendant sold to the Plaintiff was not habitable. 29. It is believed and averred that the Defendant Leiby's M.H.C. was aware that the trailer that the Defendant sold to the Plaintiff was not habitable at the time that they entered into the agreement to sell the property. 30. As a result of the breach of contract, the Plaintiff has endured damages, including having to pay for alternate housing, paying for cleaning supplies and enduring adverse health affects due to the presence of mold in the trailer. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor and against Defendant Leiby's M.H.C. for breach of contract and award her $9,500.00 in damages along with costs of suit, interest, additional damages discovered hereafter. COUNT TWO - CLAIMS FOR CONSUMER PROTECTION LAW AGAINST DEFENDANTS LEIBYS M.H.C. AND LORI EVANS 31. Plaintiff incorporates paragraphs 1 through 30 as contained herein in their entirety. 32. Plaintiffs purchase of the mobile home from the Defendant is a transaction within the meaning of Pennsylvania's Unfair Practices and Consumer Protection Law, 73 P.S. section 210-2 et.seq. 33. Plaintiff would not have purchased the property if the Defendants had not made misrepresentations to her that the property was habitable. 34. Plaintiff would not have purchased the property if the Defendants had informed her that there was mold present in the trailer when she bought it. 35. By the acts and omissions set forth herein, Defendants have violated the Consumer Protection Law, 73 P.S. section 201-2(4) by their misrepresentations to the Plaintiff that the property was inhabitable and did not disclose that there was mold present in the property or that someone had died in the property. 36. Such actions and omissions were deliberate, obdurate and in reckless disregard of the law and the rights of the Plaintiff, entitling Plaintiff to relief including three times their actual damages as well as punitive damages. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor and against Defendant Leiby's M.H.C. for breach of contract and award her $28,500.00 in damages along with costs of suit, interest, additional damages discovered hereafter. 37. Plaintiff incorporates paragraphs 1 through 36 as contained herein in their entirety. 38. Defendants Leiby M.H.C. and Defendant Evans intentionally made misrepresentations to the Plaintiff about the mobile home that they sold to her. 39. Plaintiff reasonably relied upon the misrepresentations that the mobile home was habitable and was safe for the Plaintiff and her family to live in. 40. As a result on her reliance on the misrepresentations of the Defendants, the Plaintiff incurred damages including adverse health symptoms, humiliation, loss of sleep, worry, and expenses for other places to live. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor and against Defendant Leiby's M.H.C. for breach of contract and award her $28,500.00 in damages along with costs of suit, interest, additional damages discovered hereafter. submitted, then D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) Attorney for Plaintiff TERRY SINGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2009 - CIVIL TERM LEIBY M.H.C. and LORI EVANS, Defendants VERIFICATION I, Terry (Price) Singh, hereby certify that I have reviewed the foregoing Complaint and all statements contained thereon are true and correct to the best of my knowledge, information and belief. I understand that I can be held civilly and criminally liable under Pennsylvania and Federal law for any false statements contained herein. Terry Pri Singh ro-) -09 Date L'Cg4ir'? r lfir. . . a, i _ S 1 7gsa ??r? ? ?ai? Sheriffs Office of Cumberland County R Thomas Kline r of cltmbrr fl Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy FiCE r.? ',ERIFE Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/04/2009 04:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 1600 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Leiby M.H.C., by making known unto Lori Evans, manager at 7073 Carlisle Pike Carlisle Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/04/2009 04:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 1600 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lori Evans, by making known unto herself personally, defendant at 7073 Carlisle Pike Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.84 June 05, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Dep y Sheriff 2009-3642 Terry Singh V Leiby.MHC & Lori Evans 0 P Q i m = C rte' ? -'?'3 i s co c ' 7 s r > C rn : ? e w