HomeMy WebLinkAbout11-8872BEN WALKER : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION -EQUITY C=
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JAMES WOLF JR. and 7w ;;u d
ANGELA WOLF CD
Defendants ,
NO. 11- EQUITY
NOTICE
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
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
BEN WALKER : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION -EQUITY
JAMES WOLF JR. and
ANGELA WOLF,
Defendants NO. 11- 8K-I)- EQUITY
COMPLAINT
COME NOW the above-named Plaintiff, Ben Walker, by counsel, Amy Hirakis, Esquire,
MidPenn Legal Services, and represent as follows:
COUNTI
Self-Help Eviction
1. The plaintiff, Ben Walker, is an adult individuals residing at 118 North Pitt Street,
Apartment #2, Carlisle, Cumberland County, Pennsylvania (hereinafter: "the rental premises")
2. The defendants, James Wolf Jr. and Angela Wolf, are adult individuals residing at
25 Farmhouse Ln, Carlisle, Cumberland County, Pennsylvania.
3. In June 2011, Plaintiff entered into a written lease agreement with the
Defendants, providing that Plaintiff would lease the rental premises from Defendant for $641.00
per month.
4. Plaintiff agreed to Defendants an additional $59.00 a month for use of a washer
and dryer located inside the rental premises.
5. Plaintiff assumed occupancy of the rental premises in or about July 2011.
6. Plaintiff is the father of two minor children who reside full-time in the rental
premises.
7. On or about November 14, 2011, the Defendants mailed the Plaintiff an eviction
notice for failure to pay a balance of $171.00 for washer and dryer usage.
Defendants' eviction notice states that the Defendants will shut the Plaintiff's
water off if plaintiff did not vacate the rental premises or pay the money due. (Eviction Notice is
attached as Exhibit 1).
9. On November 22, 2011, the Defendants shut the water off in the rental premises.
10. On November 22, 2011, the Defendants filed a Landlord Tenant Complaint
against the Plaintiff seeking eviction. A hearing is scheduled before the Honorable Jessica
Brewbaker on December 6, 2011.
11. On November 28, 2011, Plaintiff's counsel spoke to Defendant James Wolf Jr.
informing him that denying Plaintiffs' access to water amounts to a constructive eviction and is
not permitted by law and requested that the Defendant restore the water in the rental premises.
The Defendant stated that he would not restore water to the rental premises until Plaintiff pays
the amount that he alleges is due.
12. Defendants control the water to the rental premises and the Plaintiff is unable to
restore the water on his own.
13. Plaintiff and his children have been without water since November 22, 2011.
14. Defendant's actions have placed Plaintiff and his children at risk of physical harm
and illness.
15. Due to Plaintiff not have running water within his home, Plaintiff and his children
must bathe, eat, and use the bathroom at the homes of family and friends.
16. Defendants' actions have created unsanitary conditions within the rental premises.
17. Plaintiff has effectively been denied use and enjoyment of the rental premises due
to Defendants' actions.
18. Defendants' above-described conduct constitutes a constructive "self-help"
eviction of Plaintiffs in violation of Pennsylvania law, including but not limited to the Landlord
and Tenant Act of 1951 (68 P.S. § 250.101. et se .), and the public policy of the Commonwealth
of Pennsylvania.
19. Plaintiff requests and is entitled to injunctive relief requiring the Defendants to
restore his access to water, on the following grounds:
a. Plaintiff has no adequate remedy at law
b. Plaintiff has suffered and will continue to suffer irreparable harm unless
the court grants him injunctive relief.
C. Defendants will not suffer irreparable harm by the granting of
injunctive relief.
d. Injunctive relief is necessary to restore the last peaceable, uncontested
status quo, which found Plaintiff in lawful occupation of the rental premises.
e. Plaintiff has a clear legal right to the relief they request, and there is a
substantial likelihood they will prevail on the merits of their case.
20. Plaintiff is indigent and is financially unable to pay any court costs, including
filing fees and sheriff's costs, or to post bond or other security.
WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief:
a. Pursuant to Pa. R.C. P. No. 1531(a), issue a preliminary or special injunction prior
to written notice to Defendants of a hearing in this matter, enjoining Defendants from denying or
continuing to deny Plaintiff running water or otherwise interfere with his right to peaceably
occupy their home, and enjoining Defendants from using any means to dispossess Plaintiff of
their home, other than procedures utilized under the Landlord and Tenant Act of 1951.
b. Schedule a hearing in this matter and, following said hearing, grant a preliminary
and permanent injunction against Defendants enjoining him from denying or continuing to deny
Plaintiff running water or otherwise interfere with his peaceable enjoyment of his home, and
enjoining Defendants from using any means to dispossess Plaintiff of his home, other than
procedures permitted under the Landlord and Tenant Act of 1951.
Direct Defendants to pay all costs.
d. Relieve Plaintiff from the payment of all costs, including the posting of bond.
e. Declare that Defendants' "self-help" eviction of Plaintiff is unlawful.
f. Grant such other relief as the court may deem reasonable and just.
COUNT II
Breach of the Implied Warranty of Habitability
21. Plaintiffs repeat and incorporate by reference the averments set forth above in
paragraphs 1 through 20.
22. Defendants have had notice of the water being shut off since November 22, 2011,
as the Defendants themselves shut the water off.
23. Defendants have had reasonable opportunity to correct the defect, but Defendants
have failed to restore water to the premises.
24. Defendants are in breach of the implied warranty of habitability by their failure to
restore water to the rental premises.
25. By refusing to restore water to the rental premises, Defendants have endangered
the health and safety of Plaintiff and his two children, caused them to suffer substantial hardship,
annoyance and inconvenience, and substantially reduced their use of the rental premises.
26. Plaintiff has incurred out-of-pocket expenses due to the Defendants' refusal to
restore water to the rental premises.
WHEREFORE, Plaintiff requests that this this court order the Defendants to restore water
to the rental premises and award the Plaintiff actual damages.
COUNT III
Punitive Damages
27. Paragraphs 1 through 43 are incorporated herein by reference.
28. Defendant's acts were and are intentional, willful, wanton, reckless, evil,
outrageous and perpetrated with total disregard for the laws of this Commonwealth and its public
policy, thus entitling Plaintiffs to the award of punitive damages.
WHEREFORE, Plaintiff respectfully request that a judgment for an appropriate sum of
punitive damages be awarded to Plaintiff.
a. Grant such other relief as the Court may deem reasonable and just.
Respectfully submitted,
Date:
£ris, Esquire
for Plaintiff
Ct. ID No. 310094
401 E. Louther Street, Suite 103
Carlisle, PA 17013
(717)243-9400, ext. 2513
VERIFICATION
I, Ben Walker, hereby verify that that we have read the foregoing Complaint, and that the
statements of fact therein are true and correct to the best of our knowledge, information and
belief. We understand that false statements herein are made subject to the penalties of 18 P.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
T.li s is the One you don't want
10
Blue alb • e
PO Box 894
Carlisle Pa 17013
(717) 254-1301
www.bluewolfnroyerties.com
Ben Walker
118 N Pitt Street
Carlisle Pa 17013
11/14/2011
James W Wolf Jr, Lessor
Vs.
Ben Walker, Lessee
Notice of Intention to Commence Eviction Procedures
YOU ARE HEREBY NOTIFIED that you are in default under the terms of
your lease in the following respects:
1. Failure to pay rent
YOU MUST VACATE the premises within five (5) days of the date of this
notice or 11/18/2011. Furthermore, YOU MUST PAY all rent due up to the
date of your vacating of the premises.
If you fail to vacate the premises or pay monies due, eviction proceedings and
proceedings for overdue rent will be commenced against you along with
water being shut off.
However, if you pay the rent due, plus late fees and other
costs, $171 ($25 for 9/2011 & 59 for 10/201.1 & 11/2011 plus $25
late charge) we will stop the legal proceedings that have been
initiated against you. Please call to make a full payment or a
substantial partial payment.
To avoid a forcible eviction by the County Sheriffs Department,
possible damage to your credit standing, a Judgment and garnishment
of wages, and future credit bureau and collection agency action, please
phone me immediately at (717) 254-1301 and arrange to make payment.
Sincerely,
James W Wolf Jr.
Blue Wolf Properties
President bJ
.
BEN WALKER : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION -EQUITY
Q
JAMES WOLF JR. and -- -
ANGELA WOLF o
,
Defendants NO. 11- Q? _Z)-EQUITY
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Kindly allow Ben Walker, Plaintiff
to proceed in forma
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I, Amy Hirakis, MidPenn Legal Services, attorney for the party proceeding in forma
pauperis, certify that I believe the party is unable to pay the costs of this proceeding and that I
certify that I am providing free legal services to the party.
Respectfully submitted,
SERVICES
Date: November 28, 2011
ruuy ruraxl , psqulre
Supreme C?rt ID: 310094
Attorney for Defendant
401 E. Louther Street, Suite 103
Carlisle, PA 17013
(717) 243-9400
BEN WALKER : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION -EQUITY
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JAMES WOLF JR. and L=
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ANGELA WOLF,
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Defendants - EQUITY
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PETITION FOR INJUNCTIVE RELIEF
'
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COME NOW the above-named Plaintiff, Ben Walker, by counsel, Amy Hiral5, E.,kquir
MidPenn Legal Services, and represent as follows:
The Plaintiff, Ben Walker, is an adult individuals residing at 118 North Pitt Street,
Apartment #2, Carlisle, Cumberland County, Pennsylvania (hereinafter: "the rental premises").
2. The Defendants, James Wolf Jr. and Angela Wolf, are adult individuals residing
at 25 Farmhouse Ln, Carlisle, Cumberland County, Pennsylvania.
In June 2011, the Plaintiff entered into a written lease agreement with the
Defendants, providing that the Plaintiff would lease the rental premises from the Defendant for
$641.00 per month.
4. Plaintiff agreed to pay the Defendants an additional $59.00 a month for use of a
washer and dryer located inside the rental premises.
Plaintiff assumed occupancy of the rental premises in or about July 2011.
6. Plaintiff is the father of two minor children, Savannah Walker (age 3) and Isabella
Walker (age 2) who reside full-time in the rental premises.
7. On or about November 14, 2011, the Defendants mailed the Plaintiff an eviction
notice for failure to pay a balance of $171.00 for washer and dryer usage.
8. Defendants' eviction notice states that the Defendants will shut the Plaintiff's
water off if the Plaintiff did not vacate the rental premises or pay the money due. (Eviction
Notice is attached as Exhibit 1).
9. On November 22, 2011, the Defendants shut the water off in the rental premises.
10. On November 22, 2011, the Defendants filed a Landlord Tenant Complaint
against the Plaintiff seeking eviction. A hearing is scheduled before the Honorable Jessica
Brewbaker on December 6, 2011.
11. On November 28, 2011, Plaintiff's counsel spoke to Defendant James Wolf Jr.
informing him that denying Plaintiffs' access to water amounts to a constructive eviction and is
not permitted by law and requested that the Defendant restore the water in the rental premises.
The Defendant stated that he would not restore water to the rental premises until Plaintiff pays
the amount that he alleges is due.
12. Defendants control the water to the rental premises and the Plaintiff is unable to
restore the water on his own.
13. Plaintiff and his children have been without water since November 22, 2011.
14. Defendant's actions have placed Plaintiff and his children at risk of physical harm
and illness.
15. Due to Plaintiff not have running water within his home, Plaintiff and his children
must bathe, eat, and use the bathroom at the homes of family and friends.
16. Defendants' actions have created unsanitary conditions within the rental premises.
17. Plaintiff has effectively been denied use and enjoyment of the rental premises due
to the Defendants' actions.
18. Defendant's above-described conduct constitutes a constructive "self-help"
eviction of the Plaintiff in violation of Pennsylvania law, including but not limited to the
Landlord and Tenant Act of 1951 (68 P.S. § 250.101. et sec ), and the public policy of the
Commonwealth of Pennsylvania.
19e Plaintiff requests and is entitled to injunctive relief requiring the Defendants to
restore his access to water, on the following grounds:
a. Plaintiff has no adequate remedy at law.
b. Plaintiff has suffered and will continue to suffer irreparable harm unless
the court grants them injunctive relief.
C. Defendants will not suffer irreparable harm by the granting of
injunctive relief.
d. Plaintiff has a clear legal right to the relief they request, and there is a
substantial likelihood he will prevail on the merits of his case.
20. Plaintiff is indigent and is financially unable to pay any court costs, including
filing fees and sheriff's costs, or to post bond or other security.
21. Plaintiff's counsel informed Defendant James Wolf Jr. that Plaintiff will be filing
this Petition and presenting it to the court.
WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief:
a. Pursuant to Pa. R. C. P. No. 1531(a), issue a preliminary or special injunction prior
to written notice to Defendant of a hearing in this matter, enjoining Defendant from denying or
continuing to deny Plaintiffs the right to running water or otherwise interfere with their right to
peaceably occupy their home, and enjoining Defendant from using any means to dispossess
Plaintiff of their home, other than procedures utilized under the Landlord and Tenant Act of
1951.
b. Schedule a hearing in this matter and, following said hearing, grant a preliminary
and permanent injunction against Defendant enjoining him from denying or continuing to deny
Plaintiffs' running water within their home or otherwise to interfere with the peaceable
enjoyment of their home, and enjoining Defendant from using any means to dispossess Plaintiffs
of their home, other than procedures permitted under the Landlord and Tenant Act of 1951.
C. Direct Defendant to pay all costs.
d. Relieve Plaintiffs from the payment of all costs, including the posting of bond.
e. Declare that Defendant's "self-help" eviction of Plaintiffs is unlawful.
f. Grant such other relief as the Court may deem reasonable and just.
Respectfully submitted,
Date: D#
Amy r s, Esquire
Att e for Plaintiff
Sup*re e Ct. ID No. 310094
401 Louther Street, Suite 103
Carlisle, PA 17013
(717)243-9400, ext. 2513
VERIFICATION
I, Ben Walker, hereby verify that we have read the foregoing Petition for Injunctive
Relief, and that the statements of fact therein are true and correct to the best of our knowledge,
information and belief. We understand that false statements herein are made subject to the
penalties of 18 P.S. Section 4904, relating to unworn falsification to authorities.
Date: .? U
Ben Walker
This is the One you don't want
Blue Wolf Properties
PO Box 894
Carlisle Pa 17013
(717) 254-1301
www.bluewolfproverties.com
Ben Walker
118 N Pitt Street
Carlisle Pa 17013
11/14/2011
James W Wolf Jr, Lessor
Vs.
Ben Walker, Lessee
Notice of Intention to Commence Eviction Procedures
YOU ARE HEREBY NOTIFIED that you are in default under the terms of
your lease in the following respects:
1. Failure to pay rent
YOU MUST VACATE the premises within five (5) days of the date of this
notice or 11/18/2011. Furthermore, YOU MUST PAY all rent due up to the
date of your vacating of the premises.
If you fail to vacate the premises or pay monies due, eviction proceedings and
proceedings for overdue rent will be commenced against you along with
water being shut off.
However, if you pay the rent due, plus late fees and other
costs, $171($25 for 9/2011 & 59 for 10/2011 & 11/2011 plus $25
late charge) we will stop the legal proceedings that have been
initiated against you. Please call to make a full payment or a
substantial partial payment.
To avoid a forcible eviction by the County Sheriffs Department,
possible damage to your credit standing, a Judgment and garnishment
of wages, and future credit bureau and collection agency action, please
phone me immediately at (717) 254-1301 and arrange to make payment.
Sincerely,
James W Wolf Jr.
Blue Wolf Properties
President
b14 1