HomeMy WebLinkAbout10-7743IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NICOLE BENNER,
Plaintiff
V.
STEVE BROWN,
Defendant
CIVIL ACTION
No. A
IN EQUITY
MOTION FOR PRELIMINARY INJUNCTION
AND COMPLAINT IN EQUITY
AND NOW, comes Nicole Benner by her attorney,MIDPENN LEGAL
SERVICES, and files this Petition for injunctive relief and
damages, and in support thereof represents that:
1. Plaintiff is Nicole Benner, an adult individual, who
resides at 594 Baltimore Pike, Gardners, Cumberland County, PA
17324.
2. Defendant is Steve Brown, an adult individual whose
address is 596 Baltimore Pike, Gardners, Cumberland County, PA
17324.
3. Defendant is believed to own or manage a rental property
located at 594 Baltimore Pike, Gardners, Cumberland County,
Pennsylvania, 17324 where Plaintiff resides.
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4. On or about October 1, 2010, the Plaintiff and Defendant
entered into a verbal lease agreement regarding leasing the
property located at 594 Baltimore Pike, Gardners, PA 17324. As
part of the terms of the lease the tenant was to make repairs to
the property to make it habitable and landlord was to reimburse
tenant and/or pay for the supplies for the repairs.
5. The parties agreed that the house would be leased to
Plaintiff on a month-to-month basis beginning October 1, 2010.
Monthly rent was fixed at $500.00 per month. Plaintiff gave
Defendant $ 1,000.00 on October 1,2010 which constituted the
security deposit of $ 500.00 and one month's rent of $ 500.00 for
the month of October 2010.
5. Between October 1, 2001 and December 10, 2010 Plaintiff
contacted Defendant on numerous occasions to try to get
reimbursement for repairs she made to the property and requested
he provide the supplies to wire and properly hook up the stove
Plaintiff purchased.
6. Defendant failed to reimburse Plaintiff or make repairs
necessary for her to hook up the stove but: Defendant told her to
to make the repairs and deduct it from her December rent payment.
7. Plaintiff did not pay the $ 500.00 rent for the month of
December since the Defendant still owed her $ 512.85.
8. Defendant then served Plaintiff with a document
entitled 30 Day Notice to Vacate on December 2, 2010 directing
Plaintiff to vacate the property on or before January 2, 2010.
9. Defendant then turned the water off to Plaintiff's
leased premises on December 3, 2010 and turned it back on for
several days.
10. Defendant turned the water off to Plaintiff's leased
residence on December 6, 2010 and has refused to turn the water
back on despite repeated demands to turn the water back on. A
true and correct copy of a December 9, 2010 letter from MidPenn
Legal Services to Defendant demanding the water be turned back on
is attached hereto, made part of and incorporated by reference as
Exhibit A.
11. Plaintiff resides in said leased premises with her 12
and 5 year old daughters and her boyfriend and they are being
irreparably harmed by the Defendant's illegal actions in turning
off their water.
12. Plaintiff and her family are unable to bathe, cook or
use the bathrooms at the leased premises without obtaining and
carrying water from another location at great effort and expense.
13. Plaintiff is trying to search for another rental unit
and intends to move from the rental unit at 594 Baltimore Pike as
soon as she is able to locate suitable leased housing.
14. On December 6, 2010, Plaintiff contacted MidPenn Legal
Services when the water was turned off by Defendant for the
second time.
15. On December 9, 2010, Plaintiff's counsel contacted
Defendant and demanded the water service be restored but he has
refused to respond and has refused to turn the water back on.
16. Defendant has a well for the water at his property at
596 Baltimore Pike and he has illegally hooked up the water from
that well to the leased premises at 594 Baltimore Pike and has
sole control of the on/off valves in the basement of his
residence which he initially gave Plaintiff access to but has now
locked her out of any access to said water valves.
17. Plaintiff's counsel warned Defendant that legal action
would be instituted if Defendant failed to restore water service
to the leased premises in an attempt to use "self-help" measures
to evict Plaintiff.
18. Defendant has illegally deprived Plaintiff and her
family of any water at the leased premises for the past 910 days
making the premises almost uninhabitable.
19. Plaintiff has no adequate remedy at law to require the
Defendant to restore her water service or to take statutorily
required eviction steps.
20. Plaintiff is suffering irreparable harm by being denied
the due process of law to which she is entitled.
21. Plaintiff has two small children and the family
desperately needs water to live in safe conditions.
22. Plaintiff and her children have suffered and continue
to suffer anxiety, anguish and insecurity.
23. Greater harm will result from denying the relief
requested than by granting it.
24. Injunctive relief is necessary to maintain the status
quo of a proper landlord-tenant relationship.
WHEREFORE, The Plaintiff respectfully prays for the
following relief:
a) That an ex-parte injunction be issued against the
Defendant, Steve Brown, ordering him to immediately restore water
service to the 594 Baltimore Pike property and to refrain from
taking any self-help eviction measures including but not limited
to changing Plaintiff's locks or terminating Plaintiff's utility
services; to refrain from approaching the residence unless it is
for a necessitous cause; to refrain from further harassing the
Plaintiff or her family; to take necessary measures to repair the
water heater and shower;
b) Waive the bond requirement;
c) Award a retroactive rent abatement in the amount of
$500;
d) Award lost wages to be determined at the final hearing;
e) Award punitive damages not to exceed $10,000;
f) Permit the filing and service of this Motion and
Complaint to proceed In Forma Pauperis;
g) Order the sheriff's office of Cumberland County to be
authorized to deputize a sheriff in whatever county where the
Defendant may be found in order to effect service of the Order.
h) Award such other relief as the Court deems appropriate.
Respectfully Submitted:
MIDPENN LEGAL SERVICE
4
BY: Joanne Harrison Clough, Esquire
401 East Louther Street Suite 103
Carlisle, PA 17013
717-243-9400
I verify that the statements made in the within Petition are
true and correct. I understand that false statements herein are
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
ii Pole Benner
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MidPenn Legal Services
401 East Louther Street, Suite 103. Carlisle, PA 17013
Phone 717-243-9400 FAX 717-243-8026
Toll-Free 800-822-5288
www.midpenn.org
December 9, 2010
Mr. Steve Brown
596 Baltimore Pike
Gardners, PA 17324
Re: Wrongful shut off of tenants water
Our client: Nicole Benner
Property address: 594 Baltimore Pike, Gardners, PA
Dear Mr. Brown:
Please be advised that MidPenn Legal Services is representing Nicole Benner regarding
the problems she is experiencing with the property she rented from you at 594 Baltimore Pike,
Gardners, PA 17324. More specifically, as you are aware when Ms. Benner and her family
entered in to the lease agreement, you agreed to reimburse the tenants for the necessary
repairs they agreed to make to the property to make it habitable.
As of December 1, 2010, you failed to reimburse them for the $ 512.85 in materials they
paid for to install the carpet, install grout and mortar, wiring and outlets and other repairs. As
direct result of your failure to reimburse the tenants for these expenses, they withheld the
December rent of $ 500.00. Under the terms of the Lease Agreement, while the tenants are
responsible for maintenance, they are not responsible for the initial repairs that needed to be
made so they could live safely in the property.
It is my further understanding that you have acted illegally and have turned the water off
to the leased premises. This is against the law and I demand that you turn the water back on at
the property immediately. If you fail to turn the water back on we will take any and all legal
action against you. If you have an attorney please take this letter to them and ask them to
contact me immediately. I have also reviewed the Notice you sent my clients to vacate the
property. Please be advised that we intend to defend against this if you file an eviction in light of
your repeated failure to honor your obligations to my tenants.
Sincetely,
Joanr"rrison Clough',?,'?uire
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Nicole Benner IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. /0 - 771/3 CIVIL TERM
Steve Brown
Defendant
: IN EQUITY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Nicole Benner, Plaintiff, to proceed in forma au eris.
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I, Joanne H. Clough, attorney for the party proceeding in forma au eris, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to the
party.
Joan e'H. Clough, Esq ire
Attorney for Plaintiff
401 E. Louther St., Ste. 03
Carlisle, PA 17013
(717) 243-9400
D
DEC 16 2010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Nicole Benner,
Plaintiff CIVIL ACTION
V. No. '7 ?7L13 Hwy
Steve Brown,
Defendant IN EQUITY c
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ORDER 2
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AND NOW, this 1 day of December, 2010, upoP ;:0
consideration of the within Motion for Preliminary Injunction and
Complaint in Equity, the Court hereby orders as follows:
1. An Ex Parte Injunction is issued upon the Defendant,
Steve Brown, ordering him to:
a) Immediately restore water service to the leased
premises at 594 Baltimore Pike, Gardners, Pennsylvania 17324 and
refrain from taking self-help eviction measures including but not
limited to changing locks or terminating utility service;
b) Refrain from approaching the residence unless it is for
necessitous cause;
c) Refrain from further harassing the Plaintiff or her
family;
2. Bond is waived in this matter.
3. Plaintiff is permitted to proceed in this matter without
the payment of any costs or fees that may be incurred.
4. The Office of the Sheriff of Cumberland County is
requested to deputize a sheriff in whatever county where the
Defendant may be found in order to promptly serve a certified
copy of this Order upon the Defendant, Steve Brown.
5. A Hearing on the continuation of this Injunction will be
held on the -9? 113day of 2 0/ d , at
11?O? f?.m., in Courtroom Number of the Cumberland
County Courthouse, Hanover and High Streets, Carlisle,
Pennsylvania, 17013.
BY THE COURT:
COF. t' es rribu U,
NICOLE BENNER,
Plaintiff
V
STEVE BROWN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10-7743 CIVIL TERM
IN EQUITY
IN RE: MOTION FOR PRELIMINARY INJUNCTION
AND COMPLAINT IN EQUITY
ORDER OF COURT
AND NOW, this 21st day of December, 2010, this
matter having been called for hearing, and there being no
admission concerning liability, notwithstanding, the
defendant is directed to restore water service to the leased
premises no later than the close of business today, in
accordance with the terms and conditions of the agreement of
the parties as announced in open court and in their
presence.
By the Court,
'Joanne H. Clough, Esquire
For Plaintiff
oseph E. Erb, Jr., Esquire
For Defendant
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