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Home My WebLink About96-01735 \ ! c ~ ... :f ~ \, 'j " " " " ~ J ~ t:/ ~ 0-. . \", ~ ;f.. . --.g . \ ~ r-- i ' , ~ ~ , ". -+t M t'.' " "\ , - @)l' ~ ~'i V) ~I" a ~ '0 ' ~~. . "<;) , ~lv) , I ~ '. , ' ~ , , ~ . . . . ~ ~ eO - ~~~! ~~~~ ~ih gcit ~ . ~ ~ .... , . of having committed the crime of theft by unlawful taking or dhposition. 5. On or about August 6, 1993, a warrant for the arrest of two Jane Does, residing at Plaintiffs' address was issued by Susan Day, District Justice. 6. Plaintiffs were subsequently arrested by Detective Johnson. 7. Plaintiffs were taken before Susan Day, District Justice, for a preliminary hearing an the charge falsely and maliciously made by Defendant. 8. On July 11, 1994, the evidence against Plaintiffs being inaufficient, the prosecuting attorney entered a nolle prosequi. 9. Plaintiffs were then discharged from any liability on the charges made by Defendant. ),0. Plaintiffs were not guilty of the crimes with which Plaintiffs were charged. Plaintiffs enjoyed a good and honorable reputation in the community. As a result of those charges, Plaintiffs' arrest, and the preliminary hearing and information, Plaintiffs' reputation has been greatly damaged. 11. The charges of theft by unlawful taking or disposition were made by Defendant maliciously, without reasonable or probable cause, and for private and improper motives. 12. Subsequent to the arrest of Plaintiffs' and the preliminary hearing, Defendant took an active part in pressing the 2 prosecution of Plaintiffs, maliciously, and without reasonable or probable cause, and for private and improper motives. 13. Plaintiffs have been caused great humiliation, physical discomfort, and mental anguish incident to Plaintiffs' arrest, Plaintiffs' reputations and good names have been damaged by reason of the arrests. 14. Plaintiffs have been put to expense for the employment of counsel in connection with the charges brought by Defendant, 15. By reason of the acts of Defendant, Plaintiffs have suffered a loss of earnings and of earning power. 16. By reason of the willful and malicious acts of Defendant, Plaintiffs are entitled to punitive damages. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment against Defendant in an amount in excess of $20,000 and grant other proper relief for Plaintiffs as the Court deems necessary and proper under the circumstances. COUNT II JODY L. LIVZIEY and ANNIE E. JUNE v. MARILYN RAMSEY DEFAMATION 17. Paragraphs 1-16 inclusive are incorporated herein as though more fully set forth at length. 18. All of the resultant losses, damages and injuries sustained by Plaintiffs resulted directly and proximately from the defamatory conduct of Defendant. 19. Defendant made statement referred to in paragraph 4, above, with malice and without any reason to believe that the 3 information conveyed had any basis in truth. 20, Defendant's statement described in paragraph 4 was defamatory per se, was ~ompletely false and was uttered by Defendant for the sole purpose of depriving Plaintiffs of their good names and reputations. 21. Plaintiffs are not public figures and are not involved in any public controversy. 22. As a direct and proximate result of the false and defamatory utterances by Defendant, both Plaintiffs have been greatly hurt and injured in their good names and reputations. 23. Plaintiffs have been caused great humiliation, physical discomfort, and mental anguish incident to Defendant's defamatory statement. 24. By reason of the acts of Defendant, Plaintif fs have suffered a loss of earnings and of earning power. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment against the Defendant in an amount in excess of $20,000, and grant relief for the Plaintiffs as the Court deems necessary and proper under the circumstances. ~pectfully submi1~ ( "I Gi (, Ir (C, C,--_ 'f (5' 1\ 'Allen C. Welch, Jr. Esquire I.D. No. 34962 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR PI,AINTIFFS DATED: March , 1996 4 . '- t ,~, i "- I.! " /,', , I' , i (, , r: t... , , ,It I, I 'I , , '. , ! , , '. , OH Z III 0< 0<> I<lo-l ~ - 0-1>- III ..., ~ P.Ul ... I': Z~ ... '" ... '0 010 ., I': ~p'):Z I': QI Q~J~~ 0:0 0 '0 ... ... o "'~H I<l I': ,. QI II ~~~~~ U>- E-< 0 '" ... 0 E<IU Z p, l<. ~ 0< ~ l>< . 3r;'S o z I<l l>< ~I 000-1 I<l HI<l I<l . ! t: f->()HH 0 NZ VJ ;1; p:; Ill> :>H ): t:>~HH 0-1 H:C 0< o :>U 0<1; 0-1 p:; ~ UO<H H . o-lCllf"l p:; 'I<l :> ~ I<lr>: M f-> 0-1 :CfO..1r-- t.l 0-1 = E-q;o H,.-4 l>< l><H H ~:> I p:; OZ p:; Z HI.O t:> OZ 0< H' therefore, said averments are denied and strict proof thereof is demanded at trial. 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 7 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 8. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 8 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 9. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 9 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 10. The averments of Paragraph 10 are conclusion of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. 11. Denied. 12. Denied. 13. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 13 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 14. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 14 and, therefore, said averments are denied ~nd strict proof thereof is demanded at trial. 15. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 15 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 16. The averment of Paragraph 16 is a conclusion of law to which no response is requi red. If a response is deemed to be !'equired, said averment is deemed denied and strict proof is demanded at trial. COUNT II 17. No response is required. 18. The averment of Paragraph 18 is a conclusion of law to which no response is required. If a response is deemed to be required, said averment is deemed denied and strict proof is demanded at trial. 19. Denied. 20. The averment of Paragraph 20 is a conclusion of law to which no response is required. If a response is deemed to be required, said averment is deemed denied and strict proof is demanded at trial. 21. Defendant lack knowledge or information sufficient to form a belief as to the truth of the averment of Paragraph 21 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 22. The averments of Paragraph 22 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are deemed denied and strict proof is demanded at trial. 23. The averments of Paragraph 23 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are deemed denied and strict proof is demanded at trial. 24. Defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 24 and, therefore said averments are denied and strict proof is demanded at trial. WHEREFORE, Defendant, Marilyn Ramsey, demand judgment in their favor and against Plaintiffs and that Plaintiffs' Complaint be dismissed with prejudice. NEWMATTlJR By way of further answer, Defendant, Marilyn Ramsey, interpose the following new matter and, in support thereof, aver the following: 29. Plaintiffs have failed to state a cause of action for which relief can be granted. 30. Some or all of Plaintiffs' claims and damages are barred. by the applicable statute of limitations. 31. Plaintiffs were arrested and charged with a criminal