IN THE COURT OF COMMON PLEAS. 51.5) LORAIN COUNTY, OHIO =; pn gh -3 AUST DAVID A. HORNER IR. AND RHONDA L ‘ a KRAVEC. renwnnmn 42 CVT9I2742 ‘TRISHA MCQUATE AND ORAZIO HARRY LEONARDI 19720 Sate Rowe 58, Lo 12, Wellington, Judge ee o JUDGE JAMES MIRALD! PATRICIA NORRIS 19720 State Route 58, Lot 18, Wellington, Ohio 44090, ‘Complaint for Injunctive and Monetary Relief GLORIA POCOCK, 19720 State Route 58, Lot 23, Wellington, Oni 44090, BRIAN AND DINA ROSS 19720 State Route 8, Lot 44090 Wellington, Ohio BRENDA RUNDLE, 19720 State Route $8, Lot 8, Wellington, Ohio: 44090 and SUSAN SPURLOCK 19720 State Route 58, Lot 6, Wellington, Ohio 44090, Plaintitts CRESTVIEW 19720 INC. (Cfo Bruce Hall 229 West Libeny Street ‘Medina, Ohio 44256, SHARON M. OHLY 165 East StreetWellington, Ohio 44090, STEVEN ONLY 142 Bennett Steet Wellington, Ohio 44090, GERALD OHLY 115 N. Main Sweet Oberlin, Ohio 44074 and GERALD OHLY 109 N, Main Stret Oberlin, Ohio 44074 Defendants. Introduction 1. Plaintiffs David A. Horner, Jr, Rhonda L. Kravee, Trisha D, MeQuate, Orezio H. Leonardi, Patrica A. Norris, Glovia H. Pocock, Brian D. Ross, Dina J. Ross, Brenda J. Rundle and Susan L. Spurlock (Collectively “Plaintff") bring this action against Defendants Crestview 19720, n., Sharon M. Ohly, Steven Ohly and Gerald Only (Collectively “Defendants”) for {ling to comply with their obligations pursuant to R.C. 4781.38 and their legally ‘enforceable lease agreements Parties 2._ Parcel 1800030000036 ("Crestview Mobile Home Park”) is located at 19720 State Route 8 Wellington, Ohio 4409¢ and owned by Crestview 19720 Ine. Crestview 19720, Inc. ia corporation incorporated for profit and existing under the laws of the State of Ohio. 4. Upon information and belief, there is a dispute as to who has legal ownership and responsibilities of Crestview Mobile Home Park.Plaintiffs are longterm residents at Crestview Mobile Home Park, with Plaintiff Rundle having the longest tenure at 57 yeas, Plaintiffs include families, eldeny, ill and low income individuals, With the exception of Plaintiffs Brenda Rundle and Trisha MeQuate, who own their homes, Plaintiffs rent their homes at Crestview Mobile Home Park Statement of the Facts all times relevant to this action, Crestview Mobile Home Park is a“manufactured home park" as defined in R.C 4781.01(0), Atal times relevant to ‘his action, Plaintiffs have been “residents” ofthe premises as defined inR.C. 4781,01(V) Atal times relevant to ‘his action, Defendants have been the “park operators” of Crestview ‘Mobile Home Parkas defined in R.C. 4781.01(M), tall times relevant to ‘his ation, the premises have been and continue to be “residential premises” as defined in B.C. 4781.01(W). Upon information and telief, Plaintiffs each have a lease with Defendants. Not all Plaintiffs were given copies of their leases, but ll ofthe leases are in possession of Defendants, ‘Water is supplied to Crestview Mobile Home Park by Rural Lorain County Water Authority ‘One master water meter measures water usage forall ofthe lots at Crestview Mobile Home Park, Defendants are responsible for paying Rural Lorain County Water Authority forthe water usage at Crestview Motile Home Park. Plaintiffs do not pay forthe water utility directly o Rural Lorain County Water Authority. The cost of the water uility service is included in each ofthe Plaintiffs’ monthly rent17 Plaintiff Brian Ross serves as the mobile home park manager. 18 In is capacity’ as mobile home park manager, Plaintiff Brian Ross accepsthe rent from the residens of Crestview Mobile Home Park 19, Defendants collect the ren paid by Crestview Mobile Home Park residents o Plaintiff Bian Ross each month 20, Altematively, Crestview Mobile Home Park residents ean also mail their monthly reat dlirectly to Defendants 2 Upon information and elif, in January 2016, Plaintiffs were notified by Defendant Sharon ‘Ohly to-mail rent payments to Crestview 19720 Inc at PO BOX 443, Wellington, OH 44090. 22. In Sune 2017, Plaintiff Brian Ross collected payments for rent from each of the Plaintiffs, ‘with the exclusion of Pliniff Susan Spurlock, who mailed her ent payment directly to Defendants 23, Plaintiff Brian Ross made several atempts to contact Defendant Sharon Ohly to inquire about pick up ofthe ret fr June 2017. Defendants did not respond to Plinif Brian Ross" tempts to contact. 24, Defendants ar in etal of thee water payments and a shut off notice was issued on June 1, 2017, 25. Inermittently since 2016, the water has been shut offo Crestview Mobile Home Park 26, On or around June 2, 2017, Plitils received «notice from the Rural Lorain County Water Authority stating that he water would be shut off 27. Plants tempted to contact Defendant Sharon Ohly va telephone and in person at her home regarding the water shut off notice.28, Defendant Sharon Ohly has failed to respond to Plaintiffs’ atempts to contact her regarding the water shut off 29. Upon information and tele, to date, the rent for June 2017 has not been collected by Defendants 30, Upon information and tele, Plaintiffs ae current in their payment of rent, which includes their water utility ithe because they tendered payment for rent to Plaintiff Brian Ross oF because it was directly mailed to Defendant Sharon Oly." 3 Defendants ar responsible to pay for and provide water to Plintifs and the ret of the residents at Crestview Mobile Home Park 32, Upon information and elif, there remins an outstanding balance of about $7,083.81 for the water wily 35, For several months, Defendants have failed to make payments to Rural Lorain County Water Authority forthe water usage at Crestview Mobile Home Pak rst Cla (RC. 4781.38) and Injunetive Relief) 34, Plaintiffs incomporate by reference the allegations stated in paragraphs 1-33 above. 35. A violation of RC. 4781.38 and the lease agreement confer on Plaintiffs claim against Defendant for injunctive relierto enjoin Defendants from failing to pay for the wate. 36. Plaintiffs do not have an adequate remedy at law because, unless Defendants are required to pay forthe water, Plainiffs will continue to suffer ireparable injury. 31, The issuance ofa preliminary injunction will not cause undue inconvenience or oss to Defendants, but will prevent ireparable harm to Plaats "With the exception of Sustn Spurlock, who has se ff her ren bated on not having best, warking stove or oven and no bot water fr mot, 5‘Second Claim (RC. 4781.38 and Contract Claims) 38. Plaitifs incorporate by reference the allegations stated in paragraphs 1-33, above 539, Defendants are violating ther obligation to mintain the premises in compliance with the standards set forth in RC 4781.38 and the lease agreement 40, Atal ies relevant to his action, Defendants were on notice ofthis violation of RC 4781.38 and the lease agreement. 4 ‘Asa direct result of Defendants’ R.C. 4781.38 violation, Defendants te lable for damages caused to Plant 42. Aviolation of B.C. 4781 38 and the ease agreement confers on Plaintiffs an ex contacty claim against Defendants for money damages. 43, Asa direct result of Defendants violation of R.C. 4781.38 and the lease agreement, Plaintiffs have suffered economic injury in an amount t be proven attri (RC. 4781.38 Negligence Per Se Claim) 44, Plaintiffs incorporate by reference the allegations stated in paragraphs 1-3, above. 45, RC. 4781.38 requires thi park operator “[mintain in good and safe working order and condition all.vatr syst that are supplied or equitedto be supplied bythe pak operator.” 46, Defendants are in violation of RC. 4781.38 by filing to pay and supply the water lity service at Crestview Mobile Home Park 47. This violation of RC. 4781.38 constitutes negligence per se. Asa direct and proximate result of these R.C. 4781.38 vnlations, Plants have suffered significant inconvenience, Aiscomfort, and interruption oftheir normal living routine, by virtue of which they have beea damaged in an amount tat will be determined at trial,Prayer for Relief WHEREFORE, Plaintiffs rspectfilly requests this Couto grant the following relief A, Issue an injunction against Defendants, hisyher agents, servants, employees and attomeys and all persons in ative concert or participation wit them, that requires Defendants make timely payments ofthe water il B. ter udgment for Plants and against Defendants for the First Claim in an amount to be proven at rials . Enter judgment for Plaistifs and against Defendants onthe Second Claim in an amount to be proven at ial, D. Enter judgment for Plants and against Defendants on the Thind Claim in an amount to be proven at tal E, Assess the cost ofthis ation against Defendants; F. Award reasonable attomeys festo Plaintiff; G. Grant Plaintiffs any other relief that tis Coustdecnis rope adjust smesch (0083346) Jennifer E. Sheehe (0084249) The Legal Aid Society of Cleveland 1223 West Sixth Street Cleveland, Ohio 44113, HGR: (216)861-5836 SES: (440) 210-4521 Fax: (216) 861-0704 Hazel remesch@lasclev.org Isheche@lasclev.or, Attorneys for Plainiffs