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HomeMy WebLinkAbout00-01287 "" ~= ~ Mac W. Rumberger & Betty 1. Rumberger, Husband & Wife Plaintiffs vs. Suzanne Woloson Defendant A,,', * * * * * * * * In the Court of Common Pleas 9th Judicial District Cumberland County Pennsylvania /i) /.~ ;) NOde-rnJ ~.. /;).'6' 7 ~ Civil Action - At Law 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 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 request by the Defendants. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pa. Legal Services 213A N. Front Street Harrisburg, Pa. 17101 1-800-932-0356 or L~1Y8rs Rgf9~~al S6~4ioes 1:-00 Piae Sereat P.G. BOA 186 H~~~iab~.~, Fa. 191GEr i eSS-,H2-'i'37S . C!u.m~~. &I,W;SOC- d.... Gb iff L-- Prothonotary (2.tL r 11;4-- /70 '3 7tt~t./-q- '3 {~~ or /-ftm--'1fo--q lot -~~ '"'--, Mac W, Rumberger & Betty J. * In the Court of Common Pleas Rumberger, Husband & * 9th Judicial District Wife * Cumberland County Plaintiffs * Pennsylvania CU;:.e vs. * No. :2-crvD- /.2!?? --r p-.-- * Suzanne Woloson * Civil Action - At Law Defendant * COMPLAINT 1. Plaintiffs, Mac W, Rumberger and Betty J. Rumberger, are adult individuals residing at R.R #2, Box 813, Liverpool, Perry County, Pennsylvania, 17045. 2. Defendant, Suzanne Woloson, is an adult individual residing at R. D # 8, 72 Cherry Lane, Carlisle, Cumberland County, Pennsylvania, 17013, 3, On June 20, 1998, Defendant made and delivered to Plaintiffs, a promissory note, due on demand and payable to Plaintiffs. A true and correct copy of the note is attached hereto, made a part hereof, and marked as Exhibit "A". 4. On October 15, 1999, Plaintiff payees, duly presented a Certified Letter to Defendant maker and demanded payment of the same. 5. Thereafter, Defendant has failed and/or refused to pay the note or any part thereof. ~ , , ' ~=~ ""' ~c.. ~'~. WHEREFORE, Plaintiffs demand judgment against Defendant in the sum of$30,000.00, with interest from June 20, 1998, and costs, ~u,~~ athy . Morrow, Esq, Attorney for Plaintiffs P.O. Box 250 217 S. Carlisle Street New Bloomfield, P A 17068 (717) 582-7313 Supreme Ct. # 54709 , -, " "~~ I VERIFICATION We verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C, S. Section 4904 relating to unsworn falsification. Date: .;2 -d ,-/--.).OlJO 'H;cuu~~~IJ/t. Mac W. Rumberger ~~~UF Betty 1 umberger ~-- .-1 -I". . ~ PROMISSORY JUDGMENT NOTE J.1-J. "( .e:. Z u\ I q 98' . ~3D, 00, vJ Date: 5 1-./f)/os'~^/ h.l},L On demand, .l..\ z.A "" IN r- c:T ,I/! of ,6 ~. heirs an~ a~i,!!,p, pro~e to pay to --"l/YIIfT-C W; VC-:U"""'tl!:,P<.t' klft--.J- ~71l., ..:..I. f-<...,.....~~Of "'Th,oe.-J., _ lYJO...:>5..r.>.'" Dollars, ~lUS interest at the rate of ~~c on demand, without offe.~ in value reClelvec!.' . PROTEST WAIVED. AND ~URTHER, we do hereby authorize and empower the Prothonotary or any attorney of any court o( record of Pennsylvania or anywhere to appear for and to - enter judgment against us for the above sum, with costs of suit, release of errors, without stay of execution, and with ten (10%) percent added for collection fees; and we do hereby agree not to make any -motion or application whatsoever to any court for an inquisition on any real estate that may be levied upon to collect the aforesaid sum, and we do voluntarily condemn the same, and authorize the Prothonotary to enter said voluntary condemnation upon a writ of execution, and further waive and release all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter to be passed. We do also hereby waive the issuing of any service of process, . all right or rights of appeal and all benefit or benefits from any and all errors in any and all proceedings had hereupon for collection of the said debt, cost and commission. IN WITNESS WHEREOF, We have hereunto set our hands and seals the day and year first above written. 9;' /1 , . ,6)v~ /~ 0~~EAL' (SEAL) SHERIFF'S RETURN - REGULAR CASE NO: 2000-01287 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RUMBERGER MAC W ET AL VS WOLOSON SUZANNE DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOLOSON SUZANNE the DEFENDANT at 0020:35 HOURS, on the 13th day of March , 2000 at 72 CHERRY LANE CARLISLE, PA 17013 by handing to SUZANNE WOLOSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So A;;~~e 18.00 4.34 .00 10.00 .00 32.34 R. Thomas Kline 03/15/2000 KATHY MORROW Sworn and Subscribed to before By: \J~ ~ M Deputy Sheriff , a..- 7- day of me this I}..ii. .:lMrO _A.D. ~t2 ~~. P 0 honotary , '. - ~, , _---''.1 - ,'-- ----.""-.-.".,1 MAC W. RUMBERGER and, BETTY J. RUMBERGER, Husband and Wife Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00.1287 CIVIL TERM v. WILLIAM S. MORROW Additional Plaintiff v. SUZANNE WOLOSON, Defendant : CIVIL ACTION - LAW 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 of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 OJ . i --' ~ <", -, L :'~:<,<,~ _co, ,I~- '_.., -", " MAC W. RUMBERGER and, BETTY J. RUMBERGER, Husband and Wife Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 00-1287 CIVil TERM v. WilLIAM S. MORROW Additional Plaintiff v, SUZANNE WOLOSON. Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Mac W. Rumberger and Betty J. Rumberger You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO lAW OFFICES i)f~C) Date ~ Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant II '":""""'" - <I, "'~, '., ,',,':,1. MAC W, RUMBERGER and, BETTY J. RUMBERGER, Husband and Wife Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-1287 CIVIL TERM v. WILLIAM S, MORROW Additional Plaintiff v. SUZANNE WOLOSON, Defendant : CIVIL ACTION - LAW ANSWER 1, Admitted 2, Admitted 3. Admitted and Denied. Is admitted that the Plaintiffs have in their possession a Promissory Note, however it is denied that the Defendant actually made and delivered it the Plaintiffs, and by way of further answer, the Defendant alleges that one William S. Morrow required her to sign said Promissory Note which was handed to her in blank based on allegations set forth more fully below. 4. Admitted. 5. Denied. The Defendant has actually paid a portion of monies owing directly to Mr. Morrow which. Defendant alleges was originally borrowed from the Rumbergers through Morrow for her. WHEREFORE. Defendant requests judgment in her favor and against Plaintiffs, NEW MATTER 6. The Defendant, in the middle 1980's, found herself in financial troubles and sought the help of William Morrow, a friend, to obtain approximately $30,0000 to see her through these troubles. 7, William Morrow did arrange a loan from the Rumbergers to Defendant through him as a middleman and he required the possession of her mobile home title. 8. Thereafter she paid the sum of $450.00 per month on either a regular or semi- regular basis to Mr. Morrow to payoff this loan, 9. In addition she paid the sum of $6,000,00 to Morrow towards the loan and in 1999 received the title to her mobile home back from Morrow which indicated to her that the loan was paid in full. 10. At all times relevant hereto the Defendant dealt with William Morrow and paid him back the full sum that was borrowed in a timely fashion. , , " . - ,- ~',- .--. ";, - - ';~' 1 ~ . ,~ I I 11. The said William Morrow did conspire with the Plaintiffs to defraud the Defendant out of the sum of $30,0000.00, which sum she has paid in full plus the additional $30,000.00 in the fraudulent note which is the subject of the instant litigation. COUNTERCLAIM 12. Paragraphs 1-11 above are re-alleged as if plead in their entirety 13. The Plaintiffs, Mac and Betty Rumberger did conspire with one William S, Morrow of New Bloomfield, Perry County, Pennsylvania to defraud the Defendant out of $30,000.00 by allowing her to payoff a loan in full and consequently having her sign in blank a promissory loan for an additional $30,000.00. 14. Plaintiffs and the said Mr. Morrow did intentionally, maliciously, fraudulently and negligently act in such a way as to attempt to defraud the Defendant out the said sums. 15. The Plaintiffs and William S, Morrow did wrongfully utilize legal process to defraud the Defendant out the said sums. WHEREFORE, for all the above reasons, the Defendant, Suzanne Woloson, respectfully requests judgment in her favor and against the Plaintiffs in the amount in excess of $25, 000.00 together with interest and costs of suit. COMPLAINT AGAINST ADDITIONAL DEFENDANT 16. Paragraphs 1-15 above are re-alleged as if set forth in their entirety, 17. William S. Morrow, an adult individual of New Bloomfield, Perry County. Pennsylvania, did arrange for a loan for the Defendant Suzanne Woloson in mid 80's for an approximate amount of $30,000,00 18. At the time of the loan the additional Defendant. William S. Morrow, did require the Defendant to provide to him security in the nature of her mobile home as collateral for this loan. 19. The Defendant did make regular payments of $450.00 a month plus did pay the sum of 6,0000.00 to repay this loan in full together with interest and in 1999 the said William S. Morrow did return to the Defendant her mobile home title thus evidencing the payoff of the loan in full. 20, At some point in 1998 the Plaintiffs alleged that they were owed money on this loan made to Morrow for the Defendant and Morrow prepared a blank Promissory Note which he told the Defendant Woloson to sign as this would get "the Rumbergers off her back." 21, The Defendant trusting in Mr. Morrow did sign the blank Promissory Note with the understanding that the she would not owe any additional money as the loan was paid in full that this would placate the Rumbergers. 22. The said William S. Morrow by his conduct did conspire with the Plaintiffs to defraud the Defendant out of an additional $30,000,00 by executing this e- :'_L , I "~. ", Promissory Note in blank and by requireing the Defendant to sign the same when she was unsophisticated and trusted on his judgment and expertise to help her through her financial difficulties. 23. The said William S. Morrow at all times relevant hereto, held himself out as an individual possessed of expertise in financial and legal affairs as well as loan transactions which expertise the Defendant Suzanne Woloson trusted for advise and guidance. WHEREFORE, for all the above reasons, Defendant Suzanne Woloson, respectfully requests judgment in her favor and against the additional Defendant, William S. Morrow in the amount an excess of $25,000.00 together with interest and costs of suit. C-//; 9/00 Date Respectfully Submitted TURO LAW OFFICES ivu-----21 Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer, New Matter and Counterclaim upon Kathy A. Morrow, Attorney at Law, by depositing same in the United States Mail, first class, postage pre-paid on the ! 'i day of April. 2000, from Carlisle, Pennsylvania, addressed as follows: Kathy A. Morrow Attorney at Law 217 S. Carlisle Street P,O. Box 250 New Bloomfield. PA 17068 LAW OFFICES ~,. Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant II I"" ,', ',.y- ; :~,' ,-- :-,. . - , ,~.- ~ "" F,: -, '-'~: . VERIFICATION I verify that the statements made in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, g4904 relating to unsworn falsification to authorities. y/; g-k Date II .IlIliiJU" Ch, ~" 0- ,. , " , ___.,,,_~ C";,.,"'",,,,;;, '<" . "" .,; ,; '.;""""/'1 ~ (') c:;::, \~ ~.~ .>--, ~, ~" ..,~, -:.-.: \.', :J g:} r--=- ::..:-J ,"1 ~. P "'< , :-:-, , C::j (F,' CD I ~. .-. ~.~} L~:' l._' , v --n (: () :~~: (~) f~~, \-.-' r", r-n .p' c:: ~~:2 ~S .'1.,] --< CO =< "'" ..'" - ~ ~ '" " ,. " ,~ ',. '~,: . Mac W. Rumberger & Betty 1. * In the Court of Common Pleas Rumberger, husband & * 9th Judicial District Wife, Plaintiffs * Cumberland County * Pennsylvania vs. * No. 00-1287 Civil Term * Suzanne Woloson, Defendant * Civil Action - At Law REPLY TO NEW MATTER 6. Plaintiffs can neither admit nor deny the allegations contained in paragraph 6 of Defendant's New Matter as plaintiffs were not present during any conversations which Defendant had with William Morrow. 7. Plaintiffs admit that they loaned money to Defendant at the request of William Morrow, Plaintiffs can neither admit or deny the remaining allegation that William Morrow required possession of Defendant's mobile home title, as they have no knowledge of such a requirement. 8, Denied, To the contrary, Defendant initially paid Plaintiff, Mac Rumbergerthe sum of $450,00 each month during 1987, $450,00 the first nine (9) months of 1988, $450.00 on October 31, 1988, $1350 on December 31, 1988, $450,00 each month during 1989, one payment of $450.00 in January 1990, $500,00 June 4, 1992, $1000,00 on June 16, 19992, $1000 on May 15, 1993, $500.00 on June 11, 1993, $500.00 on March 1, 1994, $250.00 on June 9,1994, $300.00 on July 5,1994 and $500,00 on February 7,1997. 9. Plaintiffs can neither admit nor deny the allegations contained in Paragraph 9 of Defendant's New Matter, as they have no knowledge of Defendant's dealings with William Morrow. 10, Denied: To the contrary, Defendant has failed to pay any sums to plaintiffs other than those amounts outlined in Paragraph 8 above, , ~.~, "-' >,' ANSWER TO COUNTERCLAIM 12, Paragraph 12 requires no answer from Plaintiffs. 13. Denied. To the contrary, Defendant has never repaid in full the $30,000,00, which she initially borrowed from the Plaintiffs. Plaintiffs can neither admit or deny the remaining allegations contained in Paragraph 13 of Defendant's Counterclaim, as they were not present when the Defendant signed the note which is the basis of this lawsuit. The note received by Plaintiffs was as attached as Exhibit "A" in Plaintiffs' Complaint. 14, Denied. To the contrary, Plaintiffs did not act in any way, either individually or with William Morrow to defraud Defendant. They only are seeking to recover what the Defendant owes them. 15. Denied. To the contrary, Plaintiffs utilized legal process to recover the sums owed them by the Defendant. WHEREFORE, Plaintiffs, Mac W. Rumberger and Betty 1. Rumberger respectfully request that the New Matter and Counterclaim against them be dismissed and that judgement be entered against Defendant as requested in Plaintiffs' complaint, with all costs to be borne by Defendant. Respectfully submitted, t~,t?:~ Attorney for Plaintiffs ill # 54709 217 S. Carlisle Street P,O. Box 250 . ,~~_. . c ~ "'"tui:1>- Certificate of Service I, Kathy A. Morrow, Esquire, hereby certify that on this date, a true and correct copy of the foregoing Reply to New Matter and Answer to Counterclaim was served upon the following individual by depositing the same in the United States Mail, first class, postage pre-paid, addressed as follows: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 Date: 4s Jeo By: "~. . ~.~ ,1 ~ "~ t; VERIFICATION We verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C. S. Section 4904 relating to unsworu falsification. Date: 4S/00 1rfe:J&0~ J ~ '1&, j -e.~