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Home My WebLink About14-3286 Supreme COurt of Pennsylvania Cour;t'of C( mmoti)P1eas For Prothonotary Use Only: Civil Coverj,Sheet C ,�atj Docket No: �UI,�M W, 1/l:'Ut ,� County /7 ' 6v r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint ( Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E Lead.Plaintiff's Name: Lead Defendant's Name: C �_{__ Dollar Amount Requested: .:within arbitration limits I Are money damages requested? D-Ves D No (check one) E]outside arbitration limits O N Is this a Class Action Suit? ❑-� Yes C-No Is this an MDJAppeal? Yes U/No A Name of Plaintiff/Appellant's Attorney: �y`t- J. [,t/l e' d , Esq - i El Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies rl Malicious Prosecution M, Debt Collection: Credit Card 0 Board of Assessment E] Motor Vehicle E] Debt Collection:Other [] Board of Elections ] Nuisance E] Dept.of Transportation Premises Liability El Statutory Appeal:Other S Q Product Liability(does not include E mass tort) E:1 Employment Dispute: Slander/Libel/Defamation Discrimination C Other: El Employment Dispute: Other E] Zoning Board El ,r I Other: O MASS TORT 0 Asbestos N E] Tobacco M Toxic Tort-DES El Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste Q Other: � Ejectment LQ Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation E] Declaratory Judgment El Ground Rent Q Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [I Mortgage Foreclosure:Commercial El Quo Warranto 0 Dental 0 Partition El Replevin 1..-] Legal E] Quiet Title El Other: 0 Medical C' Other: Other Professional: Updated 1/1/2011 }. r1 r U'lIC7PL !! Charles J. Hartwell, Esquire ` � 7ftit� `t� ID # 52655 HAY 2 9 21132 Market Street Pit 3: 5 5 Camp Hill, Pennsylvania 17011 r'UMBERLAIND Telephone 717 975-9446EMHSY! � � p ( ) PENNSYLVANIA Fax—(717) 975-2309 cartwell ,dplglaw.com Attorney for Plaintiff STEPHANIE A. WOLF, COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. No: 7 JAMES LEGGETT AND CIVIL TERM KIMBERLY LEGGETT, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to (X)Attorney U Sheriff Respectfully Submitted, Date: 05-- 2a Charles J. Hartwell, Esquire STEPHANIE A. WOLF, COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. No: /Cr JAMES LEGGETT AND CIVIL TERM KIMBERLY LEGGETT, Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: JAMES LEGGETT 6411 Glenwood Street Mechanicsburg,PA 17050 AND KIMBERLY LEGGETT 6411 Glenwood Street . .Mechanicsburg,PA 17050 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. / Ll Prothonotary Date: Deputy STEPHANIE A. WOLF, COURT OFCOMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. No: !`f -32 JAMES LEGGETT AND CIVIL TERM KIMBERLY LEGGETT, Defendants ACCEPTANCE OF SERVICE I, Michael L. Bangs, attorney for James Leggett and Kimberly Leggett, Defendants in this civil action, hereby accept service of the Writ of Summons on behalf of the Defendants. Respectfully Submitted, V\A/--vel(J Michael L. Bangs, Esquire/ Bangs Law Office, LLC 429 South 18th Street Camp Hill, PA 17911 Attorney for Defendant c. s 7 m03 C— r" rit cn r. . d -<> W 17-4 L"3 CD-II C? c� Charles J. Hartwell, Esquire ID # 52655 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 chartwell@dpIglaw.com STEPHANIE A. WOLF, Plaintiff FILED—OFFICE n ��,� OF THE P RO T HONO TAR i 2014MOV -6 Phi 3: L;4 Gid TY PENNSYLVANIA RLAND v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants Attorney for Plaintiff Stephanie A. Wolf COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM NOTICE TO DEFEND 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 AN 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 PROCEEDWITHOUT 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Charles J. Hartwell, Esquire ID # 52655 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 chartwell@dplglaw.com STEPHANIE A. WOLF, Plaintiff v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants Attorney for Plaintiff Stephanie A. Wolf COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM COMPLAINT NOW, comes the Plaintiff Stephanie A. Wolf, by her attorneys, Dethlefs-Pykosh Law Group, LLC, and Charles J. Hartwell, Esquire, and present the following complaint, representing as follows: 1. The Plaintiff is Stephanie A. Wolf (hereinafter referred to as "Wolf'), an adult individual residing at 900 Red Mill Road, Etters, York County, Pennsylvania. 2. The Defendants are James Leggett and Kimberly Leggett, (hereinafter referred as the "Leggetts") adult individuals residing at 6411 Glenwood Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Leggetts are owners of a residential property located at 228 S. First Street, Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as the "property"). 4. On or about November 15, 2009, Wolf and the Leggetts entered into a one year residential lease for the property, at a monthly rate of $750.00 1 5. Beginning on or about December 1, 2010, at the expiration of the original lease term, Wolf continued to reside at the property on a month to month basis. 6. During the entire course of Wolf's residence at the property, rent was paid in a timely fashion to the Leggetts. 7. During the course of the leasehold, Wolf made certain improvements to the property with the prior approval of the Leggetts. 8. The improvements made by Wolf included interior painting, door and hardware replacement, molding replacement, landscaping, and driveway resurfacing. THE CEILING 9. In or around July, 2011, after a heavy rain, the ceiling in the master bedroom collapsed onto Wolf's furniture, causing damage to personal property. 10. Wolf notified the Leggetts of the collapse, and requested that they repair the damage. 11. The Leggetts refused to conduct repairs. 12. Thereafter, Wolf repaired the ceiling at her own expense. THE FURNACE 13. In or around April of 2012, the furnace at the property failed. 14. At that time, Wolf contacted the Leggetts about continuing issues with the furnace, which needed repaired. 15. Again, on or around October 31, 2012, the furnace failed and Wolf contacted the Leggetts about it and advised them that it had shut down. 16. At that time, Wolf requested that the Leggetts repair the furnace. 17. On December 28, 2012, the furnace failed again. 18. Wolf notified the Leggetts at that time, and requested that they perform repairs. 2 19. On information and belief, the furnace was not repaired until after Wolf moved from the property. THE DRYER, KITCHEN SINK, AND AIR CONDITIONING 20. On or about June 22, 2012, the clothes dryer stopped working. 21. Wolf requested that the Leggetts repair the dryer at that time, but it was not repaired until June 26, 2012. 22. On or before June 22, 2012, the kitchen sink at the property began to leak. 23. Wolf requested that the Leggetts repair the leaking sink at that time, but it was not repaired until after June 25, 2012. 24. One or before July 12, 2012, the household air conditioning at the property failed. 25. Wolf requested that the Leggetts repair the air conditioning at that time, but it was not repaired until after Wolf moved from the property. MOLD 26. Wolf initially noticed mold on the walls of the basement in or around May of 2010. 27. At that time, Wolf notified the Leggetts of the problem. 28. Owner about May 12, 2010, Wolf purchase mold killing paint ("Kilz"), and applied it to basement walls. 29. On or about July 30, 2012, Wolf purchased additional mold remover for the property, and notified the Leggetts of the continuing infiltration. 30. On or about September 6, 2012, Wolf received medical treatment for breathing issues related to the mold. 31. On or about December 3, 2012, Wolf met with the Leggetts at the property, and pointed out mold and rotting walls in the basement. 3 32. At that time, the condition of the walls in the basement was such that the electrical box in the basement came loose and was dangling from the attached wires. 33. At that time, Wolf requested that the Leggetts have the house checked for mold. 34. The Leggetts refused to have the house checked, but recommended a dehumidifier. 35. On or about December 14, 2012, Wolf notified the Leggetts about the continuing mold issue, and again requested an evaluation for mold contamination. 36. The Leggetts refused to obtain a mold evaluation. 37. On or about December 19, 2012, Wolf obtained a mold evaluation at her own expense. 38. The evaluation found a contamination level in the upper end of the medium to heavy mold contamination range. 39. At that time, Wolf notified the Leggetts of the results of the evaluation, and requested that repairs be conducted. 40. The Leggetts agreed to conduct repairs or take steps to repair or remediate the mold. 41. The Leggetts failed to conduct repairs or take steps to repair or remediate the mold. 42. On December 27, 2012, January 14, 2013 and March 29, 2013, Wolf received medical treatment for breathing issues related to the mold. 43. In June of 2013, during heavy rains, water infiltrated the interior walls of the property, and passed through the walls, into the living space on the first floor of the property, thence into the basement. 44. Wolf provided the Leggetts notice of the water infiltration, and requested that they repair or remediate same.. 45. As a direct result of the water infiltrating the interior living space of the property, Wolf suffered substantial property damage. 46. As a direct result of the mold issues in the property, Wolf developed sinus and respiratory health problems. 47. The Leggetts agreed to repair or remediate the water infiltration. 48. The Leggetts failed to repair or remediate the water infiltration. WATER HEATER, WINDOWS 49. On or about January 21, 2013, the pilot light on the hot water heater failed, resulting in a loss of hot water at the property. 50. At that time, Wolf notified the Leggetts of the failure and requested repair. 51. On January 22, 2013, Mrs. Leggett arrived at the property and attempted unsuccessfully to restart the hot water heater. 52. On January 23, 2013, Wolf retained a professional to evaluate the hot water heater. 53. At the recommendation of the professional, a new hot water heater was installed at the property on January 24, 2013. 54. In or around January of 2013, Wolf discovered that a window in the house was broken and leaking water into the property. 55. Wolf notified the Leggetts of the defect and requested replacement of the broken pane. herein. 56. The Leggets refused to replace the broken window. COUNT I - WOLF v. LEGGETT VIOLATION OF LANDLORD TENANT ACT 57. Paragraphs one through fifty-six are incorporated by reference as if set forth fully 5 58. The property had the following defects: a. Broken windows which were not repaired or replaced by the Leggetts after notice and demand; b. A faulty air conditioning unit which was not repaired or replaced by the Leggetts after notice and demand; c'. Mold in the basement, which deteriorated hardware to the point where the electrical box came loose from the wall, and which caused medical issues for the tenants, which was not repaired or remediated notwithstanding notice and demand; d. Water leakage from the roof and at various points throughout the house, including accumulations which caused ceiling collapses and damage to personal belongings which was not repaired or remediated notwithstanding notice and demand; e. Lack of service for appliances; f. Furnace and water heater pilots failing on a repeated basis and not repaired, leaving tenants without heat and hot water for extended periods during winter months, not timely repaired after notice and demand;. 59. Wolf has determined that the value of the water damaged personal property and other personal expenses are approximately $550. 60. The Leggetts' repeated actions and/or inactions, rendered the property unsuitable for habitation. 61. The Leggetts had a duty under the implied warranty of habitability to provide a suitable residence to Wolf during the existence of the lease term. 6 62. The Leggetts' actions were in violation of their duties under the Landlord Tenant Act and as such the Leggetts should be liable for the losses incurred by Wolf as a result of the continuing defects with the property. WHEREFORE, Plaintiff Stephanie A. Wolf prays that this Honorable Court find that Defendants James Leggett and Kimberly Leggett violated the Landlord Tenant Act of 1951, and award damages to Plaintiff Stephanie A. Wolf in an amount in excess of $7,747.00, plus costs of this suit, attorney's fees and any other relief that the. Court deems appropriate. COUNT II - WOLF v. LEGGETT PUNITIVE DAMAGES 63. Paragraphs one through sixty-two are incorporated herein by reference as though set forth at length. 64. The Leggetts' actions and/or inactions rendered the property, a residential lease, uninhabitable for extended periods of time. 65. Requests by Wolf to address the repeated defects and dangerous conditions of the property were repeatedly refused or ignored by the Leggetts. 66. The Leggetts conduct was in clear violation of their duties under the Landlord Tenant Act and as such the Leggetts should be liable for the losses incurred by Wolf as a result of the continuing defects with the property. 67. Under the Landlord Tenant Act of 1951 The Leggetts conduct was outrageous and therefore should entitle Wolf to an award of punitive damages from the Leggetts. WHEREFORE, Plaintiff Stephanie A. Wolf prays that this Honorable Court find that the actions of Defendants James Leggett and Kimberly Leggett were outrageous conduct in violation of the Landlord Tenant Act of 1951, and award punitive damages to Plaintiff Stephanie 7 A. Wolf, together with costs of litigation, counsel fees and any other relief that the Court deems appropriate. COUNT III - WOLF v. LEGGETT NEGLIGENCE 68. Paragraphs one through sixty-seven are incorporated herein by reference as though set forth at length. 69. The Leggetts' undertook to maintain the property under the terms of the residential lease. 70. The continuing mold and water infiltration in the property created an unreasonable risk to Wolf, which appropriate maintenance and repair of the property would have prevented. 71. The Leggetts failed to exercise reasonable care to perform their duties under the lease. WHEREFORE, Plaintiff Stephanie A. Wolf prays that this Honorable Court find that the actions of Defendants James Leggett and Kimberly Leggett were negligent and award compensatory and punitive damages to Plaintiff Stephanie A. Wolf, together with costs of litigation, counsel fees and any other relief that the Court deems appropriate. Date: /II— 0G- (Ll Respectfully Submitted, Charles J. Hartwell, Esquire PA I.D. # 52655 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Fax: (717) 975-2309 chartwell@dplglaw.com Attorney for Plaintiff Stephanie A. Wolf 8 STEPHANIE A. WOLF, Plaintiff v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM VERIFICATION I, Stephanie A. Wolf, hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my personal knowledge, information and belief I. understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date l0/.23I1`/ Stephanie A. Wolf STEPHANIE A. WOLF, Plaintiff v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Michael L. Bangs, Esquire Bangs Law Office, LLC 429 South 18th Street Camp Hill, PA 17011 Date: 1("OG Respectfully Submitted, Charles J. Hartwell, Esquire PA I.D. # 52655 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Fax: (717) 975-2309 chartwell@dplglaw.com Attorney for Defendants Patrick D. Martin, Jr. and Anita M Martin MICHAEL L. BANGS BANGS LAW OFFICE, LLC 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Email: mikebangs@verizon.net Supreme Court ID #41263 ATTORNEY FOR DEFENDANTS STEPHANIE A. WOLF, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA c-.—_ ,--_, NO. 14-3286 CIVIL rn -. •.-. JAMES LEGGETT and cn, r\.) Wit::'; KIMBERLY LEGGETT, ) CIVIL TERM ,�--:E cn :, 4. Defendants )P -, �' PRELIMINARY OBJECTIONS OF DEFENDANTS . ",'" JAMES AND KIMBERLY LEGGETT —= "' COUNT I VIOLATION OF LANDLORD TENANT ACT 1. Defendants demur to Plaintiffs claim for attorney's fees under the Landlord Tenant Act as attorney's fees are not available under the Landlord Tenant Act or in accordance with Plaintiffs claims contained in her Complaint. COUNT II PUNITIVE DAMAGES 1. Defendants file a Preliminary Objection pursuant to Pa. R.C.P. 1028(2) in that punitive damages cannot constitute a separate cause of action but merely are incidental to another cause of action. 2. Defendants file a Preliminary Objection pursuant to Pa. R.C.P. 1028(3) and (4) in that Plaintiff improperly makes a claim for punitive damages on an allegation that Defendants breached their contractual duties under a lease agreement. Punitive damages cannot be assessed for a breach of contractual duties. 1 3. Defendants demur to Plaintiff's claim for attorney's fees under Count II for punitive damages as they are not permitted. COUNT III NEGLIGENCE 1. Defendants file a Preliminary Objection pursuant to Pa. R.C.P. 1028(3) in that Plaintiff may not file a negligence action based upon a contractual relationship. 2. Defendants file a Preliminary Objection pursuant Pa. R.C.P. 1028(4) in that Count III, claim for Negligence, fails to set forth the essence of what is required to make a negligence claim. 3. Defendants demur to Plaintiff's claim for attorney's fees under Count III for negligence as they are not permitted. WHEREFORE, Defendants request this Honorable Court to grant the Preliminary Objections. Respectfully submitted, BANGS LAW OFFICE, LLC MIC EL L. BANGS Attorney for Defendants 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Preliminary Objections of Defendants James and Kimberly Leggett, by depositing a copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Charles J. Hartwell, Esquire Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, PA 17011 DATE: `1-1� ENDY K. , RA Paralegal 3 .4 Charles J. Hartwell, Esquire ID # 52655 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 chartwell@dplglaw.com STEPHANIE A. WOLF, Plaintiff v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants E+r..0 FI CE CI THE PROTHONOTARY 2i 14 DEC 12 PM 3: 50 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff Stephanie A. Wolf COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM AMENDED COMPLAINT NOW, comes the Plaintiff Stephanie A. Wolf, by her attorneys, Dethlefs Pykosh Shook & Murphy. and Charles J. Hartwell, Esquire, and presents the following Amended Complaint, representing as follows: 1. The Plaintiff is Stephanie A. Wolf (hereinafter referred to as "Wolf'), an adult individual residing at 900 Red Mill Road, Etters, York County, Pennsylvania. 2. The Defendants are James Leggett and Kimberly Leggett, (hereinafter referred as the "Leggetts") adult individuals residing at 6411 Glenwood Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Leggetts are owners of a residential property located at 228 S. First Street, Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as the "property"). 4. On or about November 15, 2009, Wolf and the Leggetts entered into a one year residential lease for the property, at a monthly rate of $750.00 5. Beginning on or about December 1, 2010, at the expiration of the original lease term, Wolf continued to reside at the property on a month to month basis. 1 6. During the entire course of Wolf's residence at the property, rent was paid in a timely fashion to the Leggetts. 7. During the course of the leasehold, Wolf made certain improvements to the property with the prior approval of the Leggetts. 8. The improvements made by Wolf included interior painting, door and hardware replacement, molding replacement, landscaping, and driveway resurfacing. THE CEILING 9. In or around July, 2011, after a heavy rain, the ceiling in the master bedroom collapsed onto Wolfs furniture, causing damage to personal property. 10. Wolf notified the Leggetts of the collapse, and requested that they repair the damage. 11. The Leggetts refused to conduct repairs. 12. Thereafter, Wolf repaired the ceiling at her own expense. THE FURNACE 13. In or around April of 2012, the furnace at the property failed. 14. At that time, Wolf contacted the Leggetts about continuing issues with the furnace, which needed repaired. 15. Again, on or around October 31, 2012, the furnace failed and Wolf contacted the Leggetts about it and advised them that it had shut down. 16. At that time, Wolf requested that the Leggetts repair the furnace. 17. On December 28, 2012, the furnace failed again. 18. Wolf notified the Leggetts at that time, and requested that they perform repairs. 19. On information and belief, the furnace was not repaired until after Wolf moved from the property. 2 THE DRYER, KITCHEN SINK, AND AIR CONDITIONING 20. On or about June 22, 2012, the clothes dryer stopped working. 21. Wolf requested that the Leggetts repair the dryer at that time, but it was not repaired until June 26, 2012. 22. On or before June 22, 2012, the kitchen sink at the property began to leak. 23. Wolf requested that the Leggetts repair the leaking sink at that time, but it was not repaired until after June 25, 2012. 24. One or before July 12, 2012, the household air conditioning at the property failed. 25. Wolf requested that the Leggetts repair the air conditioning at that time, but it was not repaired until after Wolf moved from the property. MOLD 26. Wolf initially noticed mold on the walls of the basement in or around May of 2010. 27. At that time, Wolf notified the Leggetts of the problem. 28. Owner about May 12, 2010, Wolf purchase mold killing paint ("Kilz"), and applied it to basement walls. 29. On or about July 30, 2012, Wolf purchased additional mold remover for the property, and notified the Leggetts of the continuing infiltration. 30. On or about September 6, 2012, Wolf received medical treatment for breathing issues related to the mold. 31. On or about December 3, 2012, Wolf met with the Leggetts at the property, and pointed out mold and rotting walls in the basement. 32. At that time, the condition of the walls in the basement was such that the electrical box in the basement came loose and was dangling from the attached wires. 33. At that time, Wolf requested that the Leggetts have the house checked for mold. 34. The Leggetts refused to have the house checked, but recommended a dehumidifier. 35. On or about December 14, 2012, Wolf notified the Leggetts about the continuing mold issue, and again requested an evaluation for mold contamination. 36. The Leggetts refused to obtain a mold evaluation. 37. On or about December 19, 2012, Wolf obtained a mold evaluation at her own expense. 38. The evaluation found a contamination level in the upper end of the medium to heavy mold contamination range. 39. At that time, Wolf notified the Leggetts of the results of the evaluation, and requested that repairs be conducted. 40. The Leggetts agreed to conduct repairs or take steps to repair or remediate the mold. 41. The Leggetts failed to conduct repairs or take steps to repair or remediate the mold. 42. On December 27, 2012, January 14, 2013 and March 29, 2013, Wolf received medical treatment for breathing issues related to the mold. 43. In June of 2013, during heavy rains, water infiltrated the interior walls of the property, and passed through the walls, into the living space on the first floor of the property, thence into the basement. 44. Wolf provided the Leggetts notice of the water infiltration, and requested that they repair or remediate same. 45. As a direct result of the water infiltrating the interior living space of the property, Wolf suffered substantial property damage. 4 46. As a direct result of the mold issues in the property, Wolf developed sinus and respiratory health problems. 47. The Leggetts agreed to repair or remediate the water infiltration. 48. The Leggetts failed to repair or remediate the water infiltration. WATER HEATER, WINDOWS 49. On or about January 21, 2013, the pilot light on the hot water heater failed, resulting in a loss of hot water at the property. 50. At that time, Wolf notified the Leggetts of the failure and requested repair. 51. On January 22, 2013, Mrs. Leggett arrived at the property and attempted unsuccessfully to restart the hot water heater. 52. On January 23, 2013, Wolf retained a professional to evaluate the hot water heater. 53. At the recommendation of the professional, a new hot water heater was installed at the property on January 24, 2013. 54. In or around January of 2013, Wolf discovered that a window in the house was broken and leaking water into the property. 55. Wolf notified the Leggetts of the defect and requested replacement of the broken pane. herein. 56. The Leggets refused to replace the broken window. COUNT I - WOLF v. LEGGETT VIOLATION OF LANDLORD TENANT ACT 57. Paragraphs one through fifty-six are incorporated by reference as if set forth fully 58. The property had the following defects: 5 a. Broken windows which were not repaired or replaced by the Leggetts after notice and demand; b. A faulty air conditioning unit which was not repaired or replaced by the Leggetts after notice and demand; c. Mold in the basement, which deteriorated hardware to the point where the electrical box came loose from the wall, and which caused medical issues for the tenants, which was not repaired or remediated notwithstanding notice and demand; d. Water leakage from the roof and at various points throughout the house, including accumulations which caused ceiling collapses and damage to personal belongings which was not repaired or remediated notwithstanding notice and demand; e. Lack of service for appliances; f. Furnace and water.heater pilots failing on a repeated basis and not repaired, leaving tenants without heat and hot water for extended periods during winter months, not timely repaired after notice and demand;. 59. Wolf has determined that the value of the water damaged personal property and other personal expenses are approximately $550. 60. The Leggetts' repeated actions and/or inactions, rendered the property unsuitable for habitation. 61. The Leggetts had a duty under the implied warranty of habitability to provide a suitable residence to Wolf during the existence of the lease term. 6 62. The Leggetts' actions were in violation of their duties under the Landlord Tenant Act and as such the Leggetts should be liable for the losses incurred by Wolf as a result of the continuing defects with the property. WHEREFORE, Plaintiff Stephanie A. Wolf prays that this Honorable Court find that Defendants James Leggett and Kimberly Leggett violated the Landlord Tenant Act of 1951 and breached the implied warranty of habitability, and award damages to Plaintiff Stephanie A. Wolf in an amount in excess of $7,747.00, plus costs of this suit, and any other relief that the Court deems appropriate. COUNT II - WOLF v. LEGGETT PUNITIVE DAMAGES 63. Paragraphs one through sixty-two are incorporated herein by reference as though set forth at length. 64. The Leggetts' actions and/or inactions rendered the property, a residential lease, uninhabitable for extended periods of time. 65. Requests by Wolf to address the repeated defects and dangerous conditions of the property were repeatedly refused or ignored by the Leggetts. 66. The Leggetts' undertook to maintain the property under the terms of the residential lease. 67. The continuing mold and water infiltration in the property created an unreasonable risk to Wolf, which appropriate maintenance and repair of the property would have prevented. 68. The Leggetts failed to exercise reasonable care to perform their duties under the lease. 7 69. The Leggetts conduct was in clear violation of their duties under the Landlord Tenant Act and as such the Leggetts should be liable for the losses incurred by Wolf as a result of the continuing defects with the property. 70. Under the Landlord Tenant Act of 1951 the Leggetts conduct was outrageous and therefore should entitle Wolf to an award of punitive damages from the Leggetts. WHEREFORE, Plaintiff Stephanie A. Wolf prays that this Honorable Court find that the actions of Defendants James Leggett and Kimberly Leggett were outrageous conduct in violation of the Landlord Tenant Act of 1951, and award punitive damages to Plaintiff Stephanie A. Wolf, together with costs of litigation, counsel fees and any other relief that the Court deems appropriate. Date: Respectfully Submitted, Charles J. Hartwell, Esquire PA I.D. # 52655 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Fax: (717) 975-2309 chartwell@dplglaw.com Attorney for Plaintiff 8 STEPHANIE A. WOLF, Plaintiff v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM VERIFICATION I, Stephanie A. Wolf, hereby verify that the statements of fact made in the foregoing Amended Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date /021////il �!1Vi4/ Stephanie A. Wolf STEPHANIE A. WOLF, Plaintiff v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Amended Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Date: Michael L: Bangs, Esquire Bangs Law Office, LLC 429 South 18th Street Camp Hill, PA 17011 Respectfully Submitted, Charles J. Hartwell, Esquire PA I.D. # 52655 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Fax: (717) 975-2309 chartwell@dplglaw.com Attorney for Plaintff MICHAEL L. BANGS BANGS LAW OFFICE, LLC 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Email: mikebangs@verizon.net Supreme Court ID #41263 ATTORNEY FOR DEFENDANTS STEPHANIE A. WOLF, Plaintiff vs. JAMES LEGGETT and KIMBERLY LEGGETT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-3286 CIVIL CIVIL TERM PRELIMINARY OBJECTIONS OF DEFENDANTS JAMES AND KIMBERLY LEGGETT COUNT II PUNITIVE DAMAGES 1. Defendants file a Preliminary Objection pursuant to Pa. R.C.P. 1028(2) in that punitive damages cannot constitute a separate cause of action but merely are incidental to another cause of action. 2. Defendants file a Preliminary Objection pursuant to Pa. R.C.P. 1028(3) and.(4) in that Plaintiff improperly makes a claim for punitive damages on an allegation that Defendants breached their contractual duties under a lease agreement. Punitive damages cannot. be ss'essed for a breach of contractual duties. • 3. Defendants demur to Plaintiff's claim for attorney's fees under Count 1.I for punitive damages as they are not permitted. 1 WHEREFORE, Defendants request this Honorable Court to grant the Preliminary Objections. Respectfully submitted, BANGS LAW OFFICE, LLC MICHAEL L. BANG Attorney for Defendants 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Preliminary Objections of Defendants James and Kimberly Leggett, by depositing a copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: DATE: 12 Z' I� Charles J. Hartwell, Esquire Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, PA 17011 WENDY K. Sr RA B Paralegal Charles J. Hartwell, Esquire ID # 52655 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 chartwellgdplglaw.com STEPHANIE A. WOLF, Plaintiff v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants r -- HE P:ROTIIONOT,',h 2015 JAN 15 PH 3: 24 CUMBERLAND COLJ UNTY PENNSYLVANIA Attorney for Plaintiff Stephanie A. Wolf COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM ANSWER TO PRELIMINARY OBJECTIONS NOW, comes the Plaintiff Stephanie A. Wolf, by her attorneys, Dethlefs Pykosh Shook & Murphy, and Charles J. Hartwell, Esquire, and answers the Preliminary Objections of Defendants as follows: 1 Denied. The averments of the corresponding paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are hereby denied. 2. Denied. The averments of the corresponding paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are hereby denied. 3 Denied. The averments of the corresponding paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are hereby denied. 1 1 WHEREFORE, Plaintiff Stephanie A. Wolf prays that this Honorable Court deny the Preliminary Objections of Defendants James and Kimberly Leggett and direct the Defendants to file an Answer to Plaintiff's Amended Complaint. Date: 01 "( / C Respectfully Submitted, Charles J. Hartwell, Esquire PA I.D. # 52655 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Fax: (717) 975-2309 chartwell@dplglaw.com Attorney for Plaintiff 2 STEPHANIE A. WOLF, Plaintiff v. JAMES LEGGETT AND KIMBERLY LEGGETT, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 14-3286 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer to Preliminary Objections, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Michael L. Bangs, Esquire Bangs Law Office, LLC 429 South 18th Street Camp Hill, PA 17011 Date: " (CI( Respectfully Submitted, Charles J. Hartwell, Esquire PA I.D. # 52655 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Fax: (717) 975-2309 chartwell@dplglaw.com Attorney for Plaintiff