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HomeMy WebLinkAbout12-3698f r ? 1 ?"j w?.d _1 RICHARD LYNCH, : IN THE COURT OF COMMONLY S' Plaintiff : OF CUMBERLAND COUNTY, Ptl L: PENNSYLVANIA t,«3 t }, ,. , CIVIL ACTION -EQUITY JOHN BAUM, Defendants NO. 12- 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 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 RICHARD LYNCH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -EQUITY JOHN BAUM, Defendants NO. 12- EQUITY COMPLAINT COMES NOW the above-named Plaintiff, Richard Lynch, by and through counsel, Amy Hirakis, Esquire, MidPenn Legal Services, and represents as follows: COUNTI Self-Help Eviction 2. Plaintiff, Richard Lynch, is an adult individual residing at 112 Water Street, Walnut Bottom, Cumberland County, Pennsylvania (hereinafter: "the rental premises"). 2. Defendant, John Baum, is an adult individual residing at 114 Water Street, Walnut Bottom, Cumberland County, Pennsylvania. 3. On or about May 19, 2011, Plaintiff filed a Notice of Appeal from the District Judge judgment, including a judgment for possession, entered on May 9, 2011. 4. A supersedeas was issued by the Prothonotary. 5. In an arbitration hearing that was held on May 17, 2012 Defendant was granted an award for possession and was awarded monetary damages in excess of $6,500.00. 6. On June 4, 2012, Defendant filed a Praecipe to Terminate Supersedeas because Plaintiff failed to pay rent for the month of June 2012 when it became due. 7. The supersedeas was terminated on June 4, 2012. 8. Currently, a Motion for Order for Possession is pending before Judge Ebert and Plaintiff remains in possession of the rental premises. 9. On June 9, 2012, Defendant shut the water off in the rental premises by turning off the electric to the well that provides water to the rental premises. 10. Defendant refuses to restore water to the rental premises. 11. Defendant controls the water to the rental premises and Plaintiff is unable to restore the water on his own. 15. Plaintiff has been without water since June 9, 2012. 16. Defendant's actions have placed Plaintiff at risk of physical harm and illness. 17. Defendant's actions have created unsanitary conditions within the rental premises. 18. Plaintiff has effectively been denied use of the rental premises due to Defendant's actions. 19. Defendant has the right to continue living in the rental premises until an Order for Possession is obtained and executed. Defendant's 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 seq.), and the public policy of the Commonwealth of Pennsylvania. 20. Plaintiff requests and is entitled to injunctive relief requiring Defendant 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. Defendant will not suffer irreparable harm by the granting of injunctive relief. d. Plaintiff has a clear legal right to the relief he requests, and there is a substantial likelihood that he will prevail on the merits of his case. 21. 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 Defendant of a hearing in this matter, enjoining Defendant from denying or continuing to deny Plaintiff the right to running water or otherwise interfere with his right to peaceably occupy his home, and enjoining Defendant from using any means to dispossess Plaintiff of his 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. Direct Defendant to pay all costs. d. Relieve Plaintiff from the payment of all costs, including the posting of bond. e. Declare that Defendant's "self-help" eviction of Plaintiff is unlawful. f. Grant such other relief as the Court may deem reasonable and just. COUNTII Breach of the Implied Warranty of Habitability 22. Plaintiff repeats and incorporates by reference the averments set forth above in paragraphs 1 through 21. 23. Defendant has had notice of the water being shut off since June 9, 2011, as the Defendant himself shut the water off. 24. Defendant has had reasonable opportunity to correct the defect, but Defendants has failed to restore water to the premises. 25. Defendants is in breach of the implied warranty of habitability by his failure to restore water to the rental premises. 26. By refusing to restore water to the rental premises, Defendant has endangered the health and safety of Plaintiff, caused him to suffer substantial hardship, annoyance and inconvenience, and substantially reduced his use of 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. COT TNT III Punitive Damages 27. Paragraphs 1 through 26 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 Plaintiff to the award of punitive damages. WHEREFORE, Plaintiff respectfully requests this Court to enter a judgment for an appropriate sum of punitive damages to be awarded to Plaintiff and to grant such other relief as the Court may deem reasonable and just. Respectfully submitted, Date: Amy is, Esquire Atto e for Plaintiff Sun e Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717)243-9400, ext. 2513 VERIFICATION I, the undersigned counsel for Plaintiff, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Date: - 3 - RICHARD LYNCH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, -- PENNSYLVANIA -? ? V. ? CIVIL ACTION - EQUITY nr, c G:?'_ JOHN BAUM 9 Defendant NO. 12- 36 kQUITY PETITION FOR INJUNCTIVE RELIEF `" COMES NOW the above-named Plaintiff, Richard Lynch, by counsel, Amy Hirakis, Esquire, MidPenn Legal Services, and represents as follows: 1. Plaintiff, Richard Lynch, is an adult individual residing at 112 Water Street, Walnut Bottom, Cumberland County, Pennsylvania (hereinafter: "the rental premises"). 2. Defendant, John Baum, is an adult individual residing at 114 Water Street, Walnut Bottom, Cumberland County, Pennsylvania. 3. On or about May 19, 2011, Plaintiff filed a Notice of Appeal from the District Judge judgment, including a judgment for possession, entered on May 9, 2011. 4. A supersedeas was issued by the Prothonotary. 5. In an arbitration hearing that was held on May 17, 2012, Defendant was granted an award for possession and was awarded monetary damages in excess of $6,500.00. 6. On June 4, 2012, Defendant filed a Praecipe to Terminate Supersedeas because Plaintiff failed to pay rent for the month of June 2012 when it became due. 7. The supersedeas was terminated on June 4, 2012. 8. Currently, a Motion for Order for Possession is pending before Judge Ebert and Plaintiff remains in possession of the rental premises. 9. On June 9, 2012, Defendant shut the water off in the rental premises by turning off the electric to the well that provides water to the rental premises. 10. Defendant refuses to restore water to the rental premises. 11. Defendant controls the water to the rental premises and Plaintiff is unable to restore the water on his own. 15. Plaintiff has been without water since June 9, 2012. 16. Defendant's actions have placed Plaintiff at risk of physical harm and illness. 17. Defendant's actions have created unsanitary conditions within the rental premises. 18. Plaintiff has effectively been denied use of the rental premises due to Defendant's actions. 19. Defendant has the right to continue living in the rental premises until an Order for Possession is obtained and executed. Defendant's 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 seq.), and the public policy of the Commonwealth of Pennsylvania. 20. Plaintiff requests and is entitled to injunctive relief requiring Defendant 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. Defendant will not suffer irreparable harm by the granting of injunctive relief. d. Plaintiff has a clear legal right to the relief he requests, and there is a substantial likelihood that he will prevail on the merits of his case. 21. 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 Defendant of a hearing in this matter, enjoining Defendant from denying or continuing to deny Plaintiff the right to running water or otherwise interfere with his right to peaceably occupy his home, and enjoining Defendant from using any means to dispossess Plaintiff of his 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 his home or otherwise to interfere with the peaceable enjoyment of his home, and enjoining Defendant from using any means to dispossess Plaintiff of his home, other than procedures permitted under the Landlord and Tenant Act of 1951. C. Direct Defendant to pay all costs. d. Relieve Plaintiff from the payment of all costs, including the posting of bond. e. Declare that Defendant's "self-help" eviction of Plaintiff is unlawful. f. Grant such other relief as the Court may deem reasonable and just. Respectfully submitted, Date: (O Amy H' is; Esquire Atto y or Plaintiff Supre Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717)243-9400, ext. 2513 VERIFICATION I, the undersigned counsel for Plaintiff, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Date: Amy rakis At ev for Plaintiff t .L) RICHARD LYNM2 JUN, 13 PM 1: 3 8 Plaintiff PENNSYLVAWA JOHN BAUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY : NO. 12- 3698 EQUITY To the Prothonotary: Kindly allow Richard Lynch, Plaintiff, to proceed in forma 12Meris. 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. Date: one 2012 Respectfully submitted, LEGAL SERVICES Amy Hir s, Esquire Suprem ourt ID No. 310094 Attornor Defendant 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 RICHARD LYNCH, : IN THE COURT OF COMMON PLEAP? Plaintiff : OF CUMBERLAND COUNTY - , PENNSYLVANIA w r;' V. ,.. . CIVIL ACTION - EQUITY - JOHN BAUM, Defendant NO. 12-3L$ 99 EQUITY PRELIMINARY INJUNCTION AND NOW, this "3' day of u„._ , 2012, upon consideration of the attached Complaint and Petition for Injunctive Relief, Plaintiff's request for Preliminary injunction is GRANTED. Accordingly, it is hereby ORDERED as follows: 1. Defendant, John Baum, is enjoined from denying or continuing to deny Plaintiff the right to peaceably occupy his residence at 112 Water Street, Walnut Bottom, Cumberland County, Pennsylvania. 2. Defendant is directed to restore running water to Plaintiff's residence within 24 hours of being served with this order. 3. A hearing on the foregoing Preliminary Injunction shall be held on the /S' day of !1 3:30 u "- 2012 at -.m., ~in Courtroom No. -, of the Cumberland County Courthouse, Carlisle, Pennsylvania. 4. The requirement for the filing of a bond is waived. 5. The Cumberland County Sheriff shall make service upon the Defendant in this matter without requiring the prepayment of costs. By the Court, J. Distribution: ?Amy Hirakis, Esq., Attorney for Plaintiff, 401 E. Louther St., Ste 103, Q'arlisle, PA 17013 John Baum, 114 Water Street, Walnut Bottom, Cumberland County, Pennsylvania 17266 Stacy Wolf, Esq., Counsel for Defendant, Wolf and Wolf, 10 West High Street, Carlisle, Pennsylvania 17013 Sheriff's Office for Service Cvp;e.5 r+4,-Ie4 G113//13. Ai t. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor apt€tzt? ?1 ??an??r???t r JJA Richard Lynch vs. John Baum Case Number 2012-3698 SHERIFF'S RETURN OF SERVICE 06/13/2012 08:15 PM - Deputy Ryan Burgett, being duly sworn according to law, states that on June 13, 2012 at 2015 hours, he served the requested Preliminary Injunction, Complaint and Petition by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: John Baum at 114 Water Street, South Newton Township, Walnut Bottom, PA 17266. Sheriff's Cetttts: IFP June 14, 2012 RYAN BURGETT, DEP SO ANSWERS, RON R ANDERSON, SHERIFF C :?OIEt"/5 lll "E5!'?ff ,?:'t. I.yG RICHARD LYNCH, Plaintiff V JOHN BAUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-3698 CIVIL TERM IN RE: PETITION FOR PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 15th day of June, 2012, this matter having been called for hearing, on agreement of the parties through counsel, that portion of our order directing the restoration of running water to the plaintiff's residence shall remain in full force and effect. The plaintiff, however, is directed to cooperate with the defendant in permitting repairs to the water system commencing at 9:30 a.m. on Saturday, June 16, 2012. By the Court, V/Tara Michelle Franklin Certified Legal Intern Amy Hirakis, Esquire For the Plaintiff Stacy Wolf, Esquire For the Defendant bg (jp, f _.:, Ia • l -`a' ill ??l Ave r Kevi Hess, P.J.