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Home My WebLink About00-02492 JAMES D. BOGAR ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN. PENNSYLVANIA 1701 I e-ma1I ma1i@bogarlaw.com TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 JAMES D. BOGAR JENNIFER M, BOGAR'" .Also admJtted to New Jersey Bar Direct e-mail jbogar@bogarlaw.com October 24, 2002 Curtis R. Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Daniel F. Horner v. Hayley Jo Swartz 2000-2492 Dear Mr. Long: By Order of Court dated April 10, 2001 I was appointed head arbitrator with respect to the above-captioned matter. After repeated efforts to communicate with the attorneys for the parties involved, and, further, not receiving specific direction to proceed to the arbitration, I am returning the full and complete file on this matter to your office. I would like to note that Harold S. Irwin, III, Esquire, attorney for the plaintiff, advises that the plaintiff, Daniel E. Horner is deceased. I am also placing in the file copies of correspondence received from the parties relative to these matters. By copy of this letter I am advising Sandy in Judge Hoffer's office of the actions that I am taking with respect to this matter. As always, your time and consideration is greatly appreciated. tk'~ , JDB/llw Enclosure cc: vThe Honorable George E. Hoffer, P.J Attn: Sandy James D. Cameron, Esquire (via facsimile 236-3655) Thomas J. Ahrens, Esquire (via facsimile 697-1866) "'''0 ;~ "o,,'-'c--' ',-- . .cj .. -,. . , dOHN d. BARANSKI, dR., ESQUIRE LAW OFFICE OF HAROLD S. IRWIN, III 35 EAST HIGH STREET CARLISLE, PA 17013 (717) 243.6090 DANIEL E. HORNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-2492 Civil HAYLEY.fO SWARTZ, Defendant : CIVIL ACTION LAW ORDER OF COURT AND NOW, this /{)fI.1day of April, 2001, in consideration ofthe foregoing petition for appointment of arbitrators, 2: /J4{ Ld../' ~qUire, ~ ,,;re,"d . uire are appointed arbitrators in the above action as prayed for. BY~ , .~-, . ,,~. '''~'', '"'~"""'~'~ , '" .~-, '.'~ <'<". ',~ ~ ;,i VIi"')V;''\lN2NN3d tu r\!n(,:-~ "" '.il~..r::::!!/"II!'"'\~ .,,- " 1,.__, " _ _;, 1\) ~>1 :[ ))j'71C:', '] . ;'0 I] / adl 10 ..", .1U " ~" .~ ,- "'.. . ., , . - ~, ~ ~" .-- , .1 . , dOHN d. BARANSKI, dR., ESQUIRE LAW OFFICE OF HAROLD S. IRWIN, III 35 EAST HIGH STREET, SUITES 201/202 CARLISLE, PA 17013 (717) 243-6090 DANIEL E. HORNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Mo. 2000-2492 Civil HAYLEY.lO SWARTZ, Defendant : CIVIL ACTION LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John J. Baranski, Jr., Esquire, counsel for plaintiff in the above action, respectively represents that: 1. This action is at issue. 2. The claim of the plaintiff in the action is less than $25,000.00. The defendants' counterclaim is for less than $25,000.00. 3. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: John J. Baranski, Jr. and Harold S. Irwin, III - Attorneys for Plaintiff Gregory H. Knight, Michael J. Hanft, Richard L. Webber, Jr. - Attorneys for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, Joh . aranski, Jr., Esq Attorney for Plaintiff .. ",," . "..' , ,- ~ ~' ,~, ~ ~ ~ ~ ~ ~ \.N '--. 'A " o ~ ~ ~ ~ ....... ~ s-'l \\ ~ o c ~: "'0';-> fT16;, ~;;~; '!) :~" 2c ::~ _J :ZC' ~::(-) ~":>r Z :::< "," ~ o () -,'; :DI' ~--:;'J ;,:-;j 1 \.0 -,'.51 ._!'..,.l - ;r.') -0 ~-" .../i ~;:; ~ r:- .t:- - - "' ' ~ '--' -l~~ JAMES D. BOGAR ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN. PENNSYLVANIA 17011 e-mail Iilail@bogarlaw.com TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 JAMES D. BOGAR JENNIFER M. BOGAR'" -Also admItted to New Jersey Bar Direct e-mallJbogar@bogarlaw.com October 24, 2002 Curtis R. Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Daniel F. Horner v. Hayley Jo Swartz 2000-2492 Dear Mr. Long: By Order of Court dated April 10, 2001 I was appointed head arbitrator with respect to the above-captioned matter. After repeated efforts to communicate with the attorneys for the parties involved, and, further, not receiving specific direction to proceed to the arbitration, I am returning the full and complete file on this matter to your office. I would like to note that Harold S. Irwin, III, Esquire, attorney for the plaintiff, advises that the plaintiff, Daniel E. Horner is deceased. I am also placing in the file copies of correspondence received from the parties relative to these matters. By copy of this letter I am advising Sandy in Judge Hoffer's office of the actions that I am taking with respect to this matter. As always, your time and consideration is greatly appreciated. / l JDB/llw Enclosure cc: The Honorable George E. Hoffer, P.J Attn: Sandy James D. Cameron, Esquire (via facsimile 236-3655) Thomas J. Ahrens, Esquire (via facsimile 697-1866) . \~ V )( prior to October ~t? r ~ ,V ~/ ~~A~ rI CJv\v~/ ~~~". ",.J'D \.)"1 \ ,\l ~l~ ~,y ~;r ._~ o~r-II-02 FRI 01:04 PM JAMES D BOGAR FAX NO. 717 737 2086 J.mes D. 80901 Jennncr M. Bogar" JAMES D. BOGAR Attorney at law One West Main Slreet Shiremanstown, PA 17011 e~m./llil mlll18bOgarlaw.com Telephone (717) 731.8761 FOC$imile (71 7) 737-2Il8O 'N!3l\ch'llllttJdlo N~wJGI'!.iW a.,r Ci-Yd..-nI1U JbaO~G1I11)Q~lI.W.=1'Il ~I~ILE COVER SREET DATE: TO: October 11, 2002 Marold S. Irwin, III, Esquire (243-9200) Gregory n. Knight, Esquire (249-0457) James D. Bogar, Esquire Daniel F. Horner, Plaintiff v. Hayley Jo Swartz Cumberland County Civil Action Law No. 2000-2492 1 FROM: RE: FAG" 1 OF _ liARD COpy WILL FOLLOW _lS:- ORIGINAL \-lILL BE RBTAINED MESSAGE: As Attorney's of Record, kindly advise me as to the status of this case on or before Friday. October 18, 2002. As you might recall. this matter was continued generally at the request of Mr. Irwin, who represents the Plaintiff. If this matter is ready for a hearing, a hearing will be scheduled. If this matter is not ready to be moved forward or if J. do not hear from b2th of you on or before October 18, 2002, I will return thl'! tile to tho Prothonotary's Office. I look fOlvard to hearing from both of you 18, 2002. )j~tD:l {~~s D_ JDD/llw co, The Honor<>.ble George E. Hoffer, P.J. httn: Sanely (via facsi.mile 240-5462) Jan~s D. Cameron. Esquire (via fucsimile Thomas J. Arlrens, Esquire (via facsimile 236-3655) 697-l866l (rhage noLHv ),Ie if you ~vo any 'Problems with t:his tr&nsmis:iioD.) .....CClblFID.ENTTJl.Ll.'IY HO'I'E......... Tho inCOnNltion ilLlIU l'lQC\lTr.clnt.s O1Gcorllp.aoy1r.g r.his t:rur.::;m:.i::;aion. contain in!ot'tllAtion from I;he taw of.{ieas of Jf.I:I'IC~ D. Hogar ,"hic:h is ccn3i~'tll. cOf\fid<intial an.d/or legillly r)d~Ueged. 'fur.: info:nllo."lt:fon 1.5 J.l1tr~tlded saloly for t:.},e UF.B of' t.hCi individl.;al or ent.1ty n~d on thi~ t:"3nl".m.sslon lIh.:o1:. If yOll llro nOt the tL;.cig'r,atod rec:ipier.t, you are iwLCby not:Lfied. toMC (tny disct(l~rc. ccr;ying, tli~t;ribut:l.OD. OL takin.q of tiny act1!)n i!\ re1iMc;c on the contents of thi~ in(ollfl<\ti.cn i.:a p'tohib1toa.. .1: yOI.l hdve rl,l:::aivcd. this tt'anflaU..33ion in error, pleasQ not:i.fy us bY' telaphcr.. itlll.~,~(1iat.:'y lccll.,e~ if lon~ distance) so tblU. Vl<3 c:a."1 arrlSn(J~ for t.he rCtu'(o of thflt OL i9j Ml ~~~~~nts to us ~~ no co~c to you and with rei~rs~~~n~ tor the co:~ you mny havt 1n~ed in r~~ooQdt~g to this nocffica~icn. ~nk you. P. 01/01 *-- IO-d OO<:6+\;;v<:+LTL a~,~~o Ma, U,~I ~OS:11 <:O-<:T-+~O / James D. Bogar Jennifer M. Boga" JAMES D. BOGAR Attorney at Law One West Main Street Shiremanstown, P A 17011 a-mail mail@bogarlaw.com Telephone (717) 737.8761 Facsimile (717) 737-2086 ~ . Also admitted to New Jersey Bar DIrect e-mail jbogar@bogarlaw.com FACSIMILE COVER SHEET FROM: RE: October 11, 2002 Harold S. Irwin, III, Esquire (243-9200) Gregory H. Knight, Esquire (249-0457) James D. Bogar, Esquire Daniel F. Horner, Plaintiff v. Hayley Jo Swartz Cumberland County civil Action Law No. 2000-2492 1 DATE: TO: PAGE 1 OF ____ HARD COPY WILL FOLLOW x ORIGINAL WILL BE RETAINED MESSAGE: As Attorney's of Record, kindly advise me as to the status of this case on or before Friday, October 18, 2002. As you might recall, this matter was continued generally at the request of Mr. Irwin, who represents the Plaintiff. If this matter is ready for a hearing, a hearing will be scheduled. If this matter is not ready to be moved forward or if I do not hear from both of you on or before October 18, 2002, I will return the file to the Prothonotary's Office. I look forward to hearing from both of you prior to October 18, 2002. Very truly yours, I/) () . rr011lJ )v / ,~. / lU-& Ii \j~ L JfMEs D. BO~ JDB/llw cc: The Honorable George E. Hoffer, P.J. Attn: Sandy (via facsimile 240-6462) James D. Cameron, Esquire (via facsimile 236-3655) Thomas J. Ahrens, Esquire (via facsimile 697-1866) (Please notify us if you have any problems with this transmission,) ***CONFIDENTIALITY NOTE*** The info~tion and documents accompanying this transmission contain information from the Law Offices of James D. Bogar which is considered confidential and/or legally privileged. The information is intended solely for the use of the individual or entity named on this transmission sheet. ~f you are not the designated recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this information is prohibit~d. If you have received this transmission in error, please notify us by telephone immediat~ly (collect if long distance) so that we can arrange for the return of the original document~ to us at no cost to you and with reimbursement for the cost you may have incurred in responding to this notification. Thank you. ','. .' .-' .___.' L',',-. LAw OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW MICHAEL J. HANFT GREGORY H. KNIGHT RICHARD L. WEBBER. JR. October 12, 2001 OF COUNSEL WILLIAM A. ADDAMS MICHAEL R. RUNDLE James D. Bogar, Esquire One West Main Street Shiremanstown, Pennsylvania 17011 RE: Daniel E. Homer v. Havlev Jo Swartz. No. 2000-2492 Cumberland County Court of Common Pleas Our File No. 1735.1 Dear Mr. Bogar: In response to the facsimile I received from you on October 9, the Plaintiff in the above referenced action died several months ago. When I received that information Mr. Irwin and I talked about the case. At that time he said that he would contact Mr. Homer's family to see if the claim would be pursued by his estate. I have not heard from him since that time. I left a message for him before dictating this letter advising him that I would be responding to your fax with this information. Sincerely, LAW OFFICE OF MICHAEL 1. HANFT !!;jKm~/f;rJ7 GHK/mmp cc: Harold S. Irwin, III, Esquire F:\User Folder\Fum Docs\Genltr2001\1735-ljbogar.3,wpd 19 BROOKWOOD AVENUE SUITE 106 CARLISLE, PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW.HANFTLAWFlRM.COM Dct-11-01 02:36P Irwin Law Office '-'-'H- ,__, '. _J,',' ,-',-"" " 717+243+9200 P.02 " LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY-A T-LAW HAROLD S. IRWIN, II) HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 NATHAN C, WOLF HEATHER A. BARBOUR RHONDA S. IRWIN PARALEGALS www.ifWinlawoffices.com e-mail: irwinlaW@epix.net 717.243-6090 PHONE 717.243.9200 FACSIMIl.E October 11, 2001 SENT VIA FACSIMILE ONLY James D. Bogar, Esquire 1 West Main Street 5hlremanstown, PA 17011 Re: Horner v. Swartz (2000-2492 - Civil) Dear Mr. Bogar: I have recently received a copy of the facsimile you sent to my office on October 9, 2001. At this point, I would like to ask that any action on the above-referenced matter be delayed until such time as Mr. James Flower, Jr. is consulted regarding the case. While I am the attorney-of-record for the matter, Mr. Flower is the attorney for the estate of the late Mr. Homer. By copy of this letter, I will be informing Mr. Flower of the current status of this case, and will include a copy of your October 9th facsimile so that he is aware of your request to be notified of the parties' decision by October 19, 2001. Thank you in advance for you time and attention in this regard. Very truly yours, 'I ,/-..., /-- ' / . (, ;tv arol4-S: Irwin, III HSI:ncw cc: Gregory H. Knight, Esquire (249-0457) James D. Flower, Jr., Esquire (w/enc.) (243-6486) I ". , JAMES D. BOGAR Attorney at Law One West Main Street Shiremanstown, PA 17011 e-maU bogarlaw@ezonline.eom Telephone (717) 737-11761 Facsimile (717) 737-2086 FACSIMILE COVER SHEET 'I '1 'i !: ~ I I " Ii I " ~, " ~ DATE: TO: FROM: RE: October 9, 2001 Harold S. Irwin, III, Esquire (243-9200) Gregory H. Knight, Esquire (249-0457) James D. Bogar, Esquire Daniel E. Horner, Plaintiff, v. Hayley Jo Swartz Cumberland County Civil Action Law No. 2000-2492 1 PAGE 1 OF HARD COPY WILL FOLLOW x ORIGINAL WILL BE RETAINED MESSAGE: I am asking that the both of you advise me as to the status of this case on or before October 19, 2001. At the request of Mr. Irwin, who represents the Plaintiff, this matter was continued generally. This continuance was confirmed by my facsimile transmission to all parties dated July 3, 2001. If this matter is ready for a hearing, a hearing will be scheduled. If the matter is not ready to be moved forward, I intend to return the file to the Prothonotary's office. I look forward to hearing from both of you prior to October 19, 2001. f~~~ t'S D. BO~ (via facsimile 236-3655) (via facsimile 697-1866) JDB/blw cc: James D. Cameron, Esquire Thomas J. Ahrens, Esquire (Please notify us if you have any problems with this transmission.) ***CONFIDENTIALITY NOTE*** The information and documents accompanying this transmission contain information from the Law Offices of James D. Bogar which is considered confidential and/or legally privileged. The information is intended solely for the use of the individual or entity named on this transmission sheet. If you are not the designated recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please notify us by telephone immediately (collect if long distance) so that we can arrange for the return of the original documents to us at no cost to you and with reimbursement for the cost you may have incurred in responding to this notification. Thank you. ""'.' .:;. ',," " ~, . ""~'d ^" .":",;[ -, ,,, '.;; .,~,; ;''..;,,,,,';;<~:,;-'<' --':_-"''''''~''-'_"'-)'~",...-. " i , i LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY-AT-LAW HAROLD S. IRWIN, III HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 www.irwinlawoffices.com e-mail: irwinlaW@epix.net 717-243-6090 PHONE 717-243-9200 FACSIMILE NATHAN C. WOLF HEATHER A, BARBOUR RHONDA S. IRWIN PARALEGALS June 27, 2001 James D. Bogar, Esquire 1 West Main Street Shiremanstown, PA 17011 Re: Horner v. Swartz (2000-2492 - Civil) Dear Mr. Bogar: I have recently received a copy of the letter sent to you by Greg Knight regarding the death of my client in the above-referenced matter, Daniel Horner. I contacted Greg today and he has agreed to a general continuance in this matter because of the questions that have arisen surrounding the handling of Mr. Horner's estate. At this time, as I am unable to speak for the future of the estate and I am therefore seeking this continuance with the hope that I will soon be able to let you know what involvement I will have in this matter. Unless I hear otherwise, I will assume you have no objection to the continuance of the arbitration. Thank you in advance for your anticipated cooperation in this regard. Harold S. Irwin, III HSI:ncw Cc: Gregory H. Knight, Esquire " ^ , . , , . .., ' ',;,:,< ',,' .. -. -'~"2 .';,-_',_ -,- _,:,;.~. " "i/E LAw OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW MICHAEL J- HANFT GREGORY H. KNIGHT RICHARD L. WEBBER, JR. June 26, 2001 OF COUNSEL WILLIAM A. ADDAMS MICHAEL R. RUNDLE James D. Bogar, Esquire I West Main Street Shiremanstown, P A 170 II RE: Daniel E. Homer v. Havlev J. Swartz. No. 2000-2492 Civil Cumberland County Court of Common Pleas Our File No. 1735.1 Dear Mr. Bogar: Recently I received your notice setting a date of July 19,2001 for the hearing in the above- referenced arbitration matter;- Since that time, Mr. Homer proposed accepting an offer that he had rejected several rti6iiths ago. I discussed that offer with my client but no final arrangements had been made. More importantly, when I talked with Ms. Swartz late last week, she told me that Mr. Homer had died ~()metiine last week. This morning I contacted the Carlisle Police Department and reviewed confirmation that Mr. Homer is dead. By copy of this letter I am also notifying Harold Irwin, III, who represented Mr. Homer for a short period of time after John Baranski moved his practice to York, of these events and I am sending a copy to Mr. Homer. That copy should be picked up by his family. I called your office yesterday and I understand that the hearing will be canceled. Please call if you have any questions. Sincerely, LAW OFFICE OF MICHAEL J. HANFT C::J~U' [4- ~ GHK/tew cc: Harold S. Irwin, III, Esquire Daniel E.' Homer Hayley Jo Swartz F:\User FoIder\Firin Docs\GCnltr2001\173'S-ljbogar.2.wpd 19 BROOKWOOD AVENUE SUITE 106 CARLlSLE, PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW.HANFTLAWFJRM,COM , . ",,"~,:~,., ' ."-,,. "-'''r ~'.' ~ ,,,_ _ ,_ "~_'~';;"""O' ~..;.., ,^,~,' ""~,~&< ,,'~ -c '< '..(..-;!.': ,',>~i-;;:~:,~,":~ ': ,', . <. " "t11; i I I i I , , I , I I I JOHN J. BARANSKI, JR. ESQUIRE LAW OFFICE OF HAROLD S. IRWIN, III 35 EAST HIGH STREET CARLISLE, PA 17013 (717) 243-6089 DANIEL E. HORNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-2492 Civil HAYLEY"O SWARTZ, 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 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 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;eROANNO'l'-j!\'PFORD ONE, GO TO OR TELEPH0NE1'HE'OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 , ,,',''- H'~'-,-'"~,,,' ~._, '<~'<' . ,~, ",,, "--- . ~ ,~.';','- ~ 0-'".. "C" ~ ,"'~ . , ", _--'-_~_:1 ,,' 'I ,', '. JOHN J. BARANSKI, JR. ESQUIRE LAW OFFICE OF HAROLD S. IRWIN, III 35 EAST HIGH STREET CARLISLE, PA 17013 (717) 243-6089 DANIEL E. HORNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-2492 Civil HAYLEY.lO SWARTZ, Defendant : CIVIL ACTION LAW COMPLAINT AND NOW comes the plaintiff, Daniel E. Horner, through his attorney, John J. Baranski, Jr. and sets forth the following: 1. The plaintiff is Daniel E. Horner, an adult individual residing at 39 South East Street, Carlisle, Cumberland County;Pennsylvania. . 2. . 'The defendant is Hayley Jo Swartz, an adult individual residing at 37 South East Street, Carlisle, Cumberland County, Pennsylvania COUNT I - BREACH OF AGREEEMENT 3. At various times during 1999, the parties entered into enforceable oral agreements at plaintiffs residence in Carlisle, Cumberland County, Pennsylvania whereby plaintiff agreed pay for valuable services for the benefit of defendant. 4. In exchange for plaintiffs promise to pay for such valuable services for the benefit of defendant, defendant promised to reimburse plaintiff, specifically: " ~ c ", .~.,",.,'~..,",<. '-"'0" -- , ,,: c'../c;, -_'-' <'; l-(.;;L:;, ,-;;:-",~", .- i~-,c,;' -- , ;";1;&,;-'",c',,,,i;:-" :.:' --'''' '!~~.L~ -::;-J~ c~~;~,,;__'~;;;, ,- <-:~" ,: I a. In or around June of 1999, plaintiff hired Art Bender to remove an old dilapidated fence and install a new fence along the property line between defendant's property and the adjacent alley. i. Mr. Bender was hired to install the fence at the request of plaintiff and defendant agreed to reimburse plaintiff for the entire costs of the fence installation. ii. Despite repeated demands, defendant has refused and continues to refuse to reimburse plaintiff for the costs associated with installation of the fence. b. On or about July 7,1999, defendant hired Warehimes Plumbing and Heating to install a central air conditioning unit in defendant's home. i. The air conditioning unit was installed at a cost of $1 ,625.00. A copy of the invoice for Warehimes Plumbing and Heating is attached hereto as plaintiff's exhibit "A'I. ii. Following installation of the air conditioning unit, defendant directed the contractor to seek payment from plaintiff. iii. Plaintiff agreed to pay for the air conditioning unit in exchange for the work defendant had performed at plaintiff's residence up to the date the unit was installed and in exchange for defendant's promise to perform future work around plaintiff's residence at a rate of $8.00 an hour until the entire balance of the air conditioning unit was reimbursed to plaintiff. iv. From July 7,1999 to date, defendant has failed to perform any additional work and as a result, defendant is indebted to plaintiff in an amount in excess of $1,000.00 for installation of the air conditioning unit. 'C,; "- -'<' >,__",__,- ,,-', :, 0,' ,~; ~ .. c. During the summer of 1999, plaintiff purchased parts for defendant's gas grill at a cost of $45.00. i. Defendant agreed to reimburse plaintiff for the costs of the grill parts. ii. Despite plaintiff's repeated demands, defendant refused and continues to refuse to reimburse plaintiff for the costs of the grill parts. 4. At all times relevant hereto, plaintiff and defendant agreed that the above items were not gifts from plaintiff but were loans to defendant that were to be repaid by defendant. 5. Plaintiff has fulfilled his obligations under the agreement by paying for the above services. 6. Defendant continues to enjoy the benefits of the goods and services provided by plaintiff. 7. Despite repeated demands, defendant has refused and continues to refuse to reimburse plaintiff for the expenditures made on defendant's behalf. 8. By failing to reimburse plaintiff, defendant had breached the enforceable agreements between the parties. 9. As a result of defendant's breach, plaintiff has suffered out of pocket expenses and damages in an amount in excess of $2,500.00 and such damages are continuing. WHEREFORE, plaintiff demands judgment in his favor and against the defendant for an amount in excess of $2,500.00 plus interest, costs of suit and attorney's fees. ,~ c' , ,.~ . ";, <-vn; ~_.,' "~ '. _' : ":'-'" :,~:' :.- , '.', -':- ;~,;' ,<w'" ~'.'^ ,i- ~~, ;,_~~~-,,,~,, ,-.~ :'-~- ;:~~,,<,",-,;;'{;'i' ~~,; "'J':y, ,--"J',_: ,~ COUNT" - UNJUST ENRICHMENT 10. Plaintiff incorporates by reference herein paragraphs 1-9 of his complaint as if set forth in their entirety. 11. Plaintiff has expended considerable sums of money on behalf of defendant with the expectation that he would be reimbursed by defendant. 12. Defendant has benefited from plaintiffs expenditures. 13. The expenditure by plaintiff were done at the request of defendant. 14. Defendant has failed to reimburse plaintiff for the costs associated with the installation of the fence, the cost of the new air conditioning unit and the cost of the parts used to repair defendant's gas grill. 15. To allow defendant to benefit without reimbursing plaintiff would unjustly enrich defendant. WHEREFORE, plaintiff demands judgment in her favor and against defendant for an amount in excess of $2,500.00 plus interest, costs of suit and attorney's fees. COUNT III - CONVERSION 16. Plaintiff incorporates by reference herein paragraphs 1-15 of his complaint as if set forth in their entirety. ':'>' . ~' '.__~" ';'1,c'+", --.;',,-,,, ': ,,- < ,;" "- :'., "","" ,',,--,,', -".'~-,l'",'--',,~ ,,"~ '-'--;;;-~""- .lli"-~,;,,, ~~-:;:""",;,,;~-_:;_-,_,:;'.;~.,jo: '_', ,--I "";';";';':;'''1 ". " 17. Defendant has caused and continues to cause damage to plaintiff by converting items belonging to plaintiff to defendant own use, specifically: a. On or about July 19, 1999, plaintiff presented defendant with a personal check for $100.00. i. The check was presented to defendant specifically to purchase paint to be used by defendant in painting plaintiff's home. ii. Defendant negotiated the check and never purchased the paint. Hi. Despite repeated requests, defendant has refused and continues to refuse to reimburse plaintiff for the $100.00 d. On or about July 24, 1999, defendant removed from plaintiff's home numerous quarter and dimes belonging to plaintiff. i. Based on defendant's own written and signed statement, plaintiff believes and therefore avers that the value of the coins totaled $438.00. A copy of defendant's signed statement is attached hereto as plaintiff's exhibit "B". ii. Plaintiff believes and therefore avers that the coins were deposited into defendant's bank account. iii. Despite repeated demands, defendant refused and continues to refuse to reimburse plaintiff. ,~--~--' ,-~- > >".,-,~:----, - ". --" ' ,', , , c; ..~, _,.;' _: ;:';;; :-, ;~:::"" --"';~;""';'-'d-"";:' ,~-, "":'';;:';'''';'# ;,0ih';;, :,~;:'; ,~,."__,,.;.~,~;;:,-, =' _, ' _'., ~ . . .. .. ..., -,. ... .... . ..... '<:"~'",,, ,; ", 18. As a result of defendant's conversion of plaintitrs property, defendant has suffered damages in an amount in excess of $500.00 and such damages are continuing. WHEREFORE, plaintiff demands judgment in her favor and against defendant for an amount in excess of $2,500.00 plus interest, costs of suit and attorney's fees. DATE: May L, 2000 By: Jo J. Baranski, Jr. 35 East High Street, Suite 202 Carlisle, PA 17013 (717) 243-6090 Supreme Court ID #82585 "" ;,-. , ,'p,,,,. - "-".'f.-:."":.' , '; -'i-i",;;,.;:=,>,,~,\,; ;--~,,_, '';;- ~,..;,~, 'J^j,,-~^"":J...,.01;;;&" ~_,' , , . L ~"&;I , I ". ", VERIFICATION I, the undersigned, hereby verify that I am the plaintiff in this action and that the facts stated in the above Complaint are true and correct. I understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unsworn falsification to authorities. MaYl, 2000 J~~~ Daniel Horner , ,~, ., ',--' -,~"-' .'", ;-,,-.\e;, ',_~-',',;;1i'"-' V~', , ~'-'< '-"",-,,' - ~.-, ,-, , , ,," ".~'.,-\,. _f ,.. . " '-~i i , ! W~HIMES PLU~BING & HEATING 154 Lawrence Lane CARLISLE. PENNSYLVANIA 17013 . " Page No. / 01'8 "P\ges. ~~ ~i I" I ~ k; II II I] ,J Ii PROPOSAL (717) 776.5098 I' T IJ f);()!Y 1/011 /l/ t't/ rr 3,1 ~.~/J#~7. I' O:Oy /J ply c:f%> 70/3> PHONE ;(5',1- 9 f?~ 7 JOB NAME' LOCATION .;54;#( JOB NUMBER JOB PHONE .1 i ve hereby submit specifications and estimates for: 1/,1 1 .r,z/15.fl,? / / t?;'1/ tp /i) V C:>'y5~pn /,u h/?;//PJ ~I r~ If}// /l/~/5/,;Jj/J ft flJ / ~/!f fi )U /JJ!/A/"'~ (0 l '-\ ':</,2. /P/v (tJ .oiV) fr,l) ) 6:0-5 ~ j/ e / P,lflj/.r?1 /OIV Ie? $~K /i;j/.M/:5 / Ct?jV~.()1 JN6~fJ fi.,/Jlt./lcr. i' e>o /1/;-;' /p) $ , , ,\ Ii I' ~ ! ,I Ii ]' " ii I: Ii I' , il Ii I, " '! '7 JA.I)J"//"'j , (~ ~ ~~~ \ ~\UJ ~ /I~JV / C" '. . ! I , . \1\"(.. [(.l~ \\e lPIropose hereby to furnish material and labor - complete in accordance with the above specifications, for the sum of: ). /till /P/ ~(.v;J lJN C.O~/~/0e?d All material is guaranteed to be as specified. All work to be completed in a workmanlike manner aCCOrding to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders, and will become an extra charge Over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. '"hol''''' ~ ~ L I!"/~ Signature '-?" ~-- Note: This proposal may be withdrawn by us jf not accepled wilhin Accept<lloce of IP'ropoS<II! _ The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature /() d~ E~1/-'llqq days. Signature Date of Acceptance: It , ",'~_ d "" . '- '-~'~i~""",-",t.''';._ ~'--~oC :' , ,-,.." .'A-'" 0 j;"f(.tL,o/l / nrf:(2.0( ;I().....~E p""'r'.rl7 I" ,.. ~ 7 ~'ld;; ~ All w/.t!te /7 ~/'i()CJ . ,Atf....""A~f ~a frf ...~ 11ft" Iftl7) ;trAecfi;7~l), wdM r() ~y"'dr le([~ /4 (~z?: ,,--- f~ ~<j. Iff) 0/..11 '11t,--- /~ .. 3'1~, 4/ 00 ___ I po L) . J I () 77'D .10 I 2a4~. 4/ /"tIO/Z,i::.W C)()JUf .t-oos<"! ~A!J ,.u;~ s-Tou:N 1/t4 fttU II" , Mj II B " -+ ~3fJ. rH> ?A,"'f' + c:?~€<.",- I ~, '0 C; ~Zo"l. _ ~I /~/q~ '? c) ',,'. ',",c_'_,;o"''-'' w__ :.;~;",:,:,-,':;'i,,,,;_..ji,;.;2';:i;"}l,"'-:"" -" 1 ... .."..._..... ":".-~,~~--,-" ,..<""'<" rOt2~~/w,;;"p/.f ANI 7t.6r r€T plc~ . 3 7>" I j.dr n ,: !, , . , ~ """'" """,,' , " '"",,".. ~""'- . C-... ~__ ,.; ~'.' - ",-' -"". ,~ ..;~,,'. '. t. ~ (") (::l ~.~ ~; a ..,., a:;~ ffj .J;: ::;:I., ~ ii13!; z.." ..~ = _e .....~~ I ~i 0~~' 'Al ~(:5 ""Q -< . " ::c ~t, :J1: om <'0 '"?' , ---0 0 ~c: ':? z ;.n ?5 :;! (N -< .. " "'~' .'" ,- , ",,_,,~,-~ ',~-" . ',"-'-'-"C" -- ~_,.__,,~.," '-_. _c_,.,_ .,_",^" ,,",,"" ,"C' ~- '",,'-' ~ ,1 ii ~'j .... " : No. 00-2492 Civil ~\ I'"i 'j t, !! ~'.j b 1 ~.. I'. :{ ~i r,J w! p III ~ I) [<1 r , I: II I' '1 ." !1 11 ~] ~J tfi 1: 11 " ~ I' 11 ,-I U I,' Ii m r1 , I k '., 11 i I: ,~ ',i ! fj ~ .JOHN .J. BARANSKI, .JR. ESQUIRE LAW OFFICE OF HAROLD S. IRWIN, III 35 EAST HIGH STREET CARLISLE, PA 17013 (717) 243-6089 DANIEL E. HORNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. HAYLEY.lO SWARTZ, Defendant : CIVIL ACTION LAW : CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of plaintiff's Complaint upon the defendant by placing same in the United States mail at Carlisle, Pennsylvania, Certified Mail on this 30 day of May, 2000 and addressed as follows: HAYLEY JO SWARTZ 37 SOUTH EAST ST CARLISLE, PA 17013 c~ JohnJ. Baranski, Jr. Law Office of Harold S. Irwin, III 35 East High Street Suite 201/202 Carlisle, PA 17013 '"I "'_:1 TfIT: ' -" ~-, '< ~. ,. ,-.,>,,,",,,- . ~ ' ',;", ~ ' 'or"~ , ~ ~ " , ,", n 0 ~ ~ 0 :x ::1 '~QJ 3>0 if,i-" ~. -< ,r f- ..~ -(U ;TJ:? C) :~O "'t) ~=Fi Ig :x ~o N dm .. ~ ~ t:"- ..., -< ,", "' . ", ,-'e- ~~ .,- . ,___.,;_,'",_";"-'_M^">CC.- ",-0 ; '--' - ,'"' _,,' ,<,' ,,'oS__.., \. -,,..' ,,,_, "4-':"~.;-" .. "",~,i.:, u-:'" _,--,;..: -,~: :';':. "-~";,;;l;;',;_:,.f!,"_~ ij;.",~,j";;fi."~';"'_;;;"\~M;":_' ,~ I ''''''-'<U;'J JOHN J. BARANSKI, JR. ESQUIRE LAW OFFICE OF HAROLD S. IRWIN, III 35 EAST HIGH STREET CARLISLE, PA 17013 (717) 243-6089 DANIEL E. HORNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-2492 Civil HAYLEY.lO SWARTZ, Defendant : CIVIL ACTION LAW : CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of plaintiff's Complaint upon the defendant by placing same in the United States mail at Carlisle, Pennsylvania, Certified Mail on this 10 day of May, 2000 and addressed as follows: HAYLEY JO SWARTZ 37 SOUTH EAST ST CARLISLE, PA 17013 Joh . Baranski, Jr. Law Office of Harold S. Irwin, III 35 East High Street Suite 201/202 Carlisle, PA 17013 iWl ~. _' ';~-,,--..c,_i' ,,~ '"' "- _' '>- i:r: '< I-" o Wz QO ~~~ 8(-J~~ --.J,.. u.~:; LL. o ~ ""WI. ..::r ..;j ~ .z: ~<:( >...):;::: '_J <..( (;1~ ~~.J) ~:)2: eez UJLLJ C.OCL ~ :S u ::c tL >-- oct x: c.:: o . liiMj~ .JOHN .J. BARANSKI, .JR. ESQUIRE LAW OFFICE OF HAROLD S. IRWIN, III 35 EAST HIGH STREET CARLISLE, PA 17013 (717) 243-6089 DANIEL E. HORNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-2492 Civil HAYLEY JO SWARTZ, Defendant : CIVIL ACTION LAW PLAINITFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM 19. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of Plaintiffs Paragraph 19, and strict proof thereof is demanded at trial. 20. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of Defendant's Paragraph 20, and strict proof thereof is demanded at trial. By way of further response, in Exhibit "A" to Plaintiffs complaint, Defendant acknowledged that her hourly rate is $8.00. 21. Admitted. 22. Denied. It is denied that Defendant sustained any damages as a result of Plaintiffs conduct. A. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of Defendant's Paragraph 22(A) and strict proof thereof is demanded. B. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of Defendant's Paragraph 22(B) and strict proof thereof is demanded - ~" . " ,., -, > ,>~ '. '" . ,--;~_ ~ '-"'--"'",~ ",""<'c",,"'___'.>'. -"-"',_~ . ~ -''-:'___"j . I C. Admitted in part, denied in part. It is admitted that Plaintiff backed his car up to his own house in January of 2000. At the time, Plaintiff drove over a small section of Defendant's lawn. At the time, the ground was frozen and no damage occurred. With respect to the $500.00 damage alleged by Defendant, Plaintiff is without sufficient information or knowledge to form a belief as to the truth of this allegation and strict proof thereof is demanded at trial. D. Denied. On the contrary, Defendant damaged her own car by attaching it to a fence post. E. Denied. On the contrary, Defendant was never in Plaintiffs home without being accompanied by Plaintiff and Plaintiff never took any items as alleged by Defendant. WHEREFORE, Plaintiff, Daniel Horner, respectfully requests judgment against Defendant for an amount in excess of $2,500.00, plus interest, attorney's fees and costs of suit. Respectful Submitted, DATE: AU9Ust---<L-, 2000 By: Jo J. Baranski, Jr. 35 East High Street, Suite 202 Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 #82585 ~ "_0. ~~-,. ',-" ,=~, , ,~--~ . -. "'" ~,"'" ,. -.:! I .~ 1 VERIFICATION I, the undersigned. hereby verify that I am the plaintiff in this action and that the facts stated in the above Complaint are true and correct. I understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unsworn falsification to authorities. August, ~2000 ~aA--/r/~ Daniel Horner ~~, ,..~~ ,", 8 C) ~ C) ",. :r.. --1 ~ 5Pff! c::: ~~~ ChI :J:.) --:)t11 z~ ~~3C? <n. -<.~. .,;0 kG :p. :.'C:B ~o :z Qi') c.:? .'~-m )>~ 0 -'. ~ ;:;- :>> :D c.;> -< - , ~~ -.--' _n c,,~,', .,,- ~-.. ,". "hj .JOHN .J. BARANSKI, .JR. ESQUIRE LAW OFFICE OF HAROLD S, IRWIN, III 35 EAST HIGH STREET CARLISLE, PA 17013 (717) 243-6089 DANIEL E. HORNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-2492 Civil HAYLEY.lO SWARTZ, Defendant : CIVIL ACTION LAW CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of plaintiffs Complaint upon the defendant by placing same in the United States mail at Carlisle, Pennsylvania, Certified Mail on this 11 day of August, 2000 and addressed as follows: HAYLEY JO SWARTZ C/O Gregory H. Knight, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Joh J. Baranski, Jr. Law Office of Harold S. Irwin, III 35 East High Street Suite 201/202 Carlisle, PA 17013 t D Cl 0 c: Cl " :s: J:>o ---1 -Ow c::: T mrn ~ '.i~p2 2:0 -'_7fT1 35'S: ""y --< L~, (~)Q ;;::0 :Do -=;::il; "-\-. --n ~C, :x 00 -<1(1 >2 0 ~ N ~ .:=- -< ~ 11l~ C~MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEA5 NOTICE OF APPEAL , FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT . COMMON PLEA5 No. a; - :J 'Iii;;) ~ NOTICE OF APPEAL r::/eol 1./ f.;lOfCO Notice is given th<:lt the appellant has filed in the above Court of Comman Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below, NAME OF APPELLANT MAG. DISt NQ OR NAME OF OJ. + DANIEL E. HORNER ADDRESS OF APPElLANT 39 SOUTH EAST STREET CITY CARLISLE STATE PA 09-2-01 ZIPCOOE 17013 DA.TEOF.Il.DGMENT 3-23-00 IN THE CASE OF (Plaintiff) HORNER, DANIEL E. (Defendant) HAYLEY JO tV 111 0000074_00 l119 1his block will be signed ONLY when this notation is required under Po. R.CP JP. No. 1008B. This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDEAS to the judgment far possession in this case. ClAJM NO Signature of Prothonotafy or Deputy " appellant was CLAIMANT (see Pa. R.GP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P, No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: 10 Prothonotary Name of aweJlee( 5) , appellee(s), to file a complaint in this appeal Enter rule upon (Comman Pleas No. RULE: 10 Name of appel/fWfsJ , appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complqint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service:br by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENl OF NON PROS WILL BE ENTERED AGAINST YOu. (3) 1he date of service of this rule if service was by mail is the date of mailing. Date: .19_. Signatute oIl'rot1lon<Xa'y 01' Deputy ,tOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY ;ijl"iOOiililmt~~~fMlj~~lilIil*>l!lllliillfi1i ,_l~\!':JUM~~lr;i!-:-~ i/M,!j.,ji~r.r1-i]!{!ft ,iI-r--~ '., _'~1::/,!M9-v'-::-'r'~~'f'""fil- .':-""T"~ '/11._ +"" . PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COMMONWEALTH OF !'ENNS\'lVANIA (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing Ihe notice of appeal, Check applicable boxes) COUNTY 01' ; .. AFFIDAVIT: I horeby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on (date or service) 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached herete, and upon the appellee. (name) , on , 19_ by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appelleels) to whom the Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered) maii, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19_ Signature of officid! before whom Rffldavit was made Title of official My commission expires on ,19-.. 1~ ~ 'J T~ "._ ~--, -". ,., -~-'" _"" . 0 ,?_ ' , ~ ? . ~ Signature of amant ~ ~~ ~ t; i\' 0-\ 'S ~ '\ ~'h \. '~ ~ k~ ~ r, () c: ?- -o-r:-~ mLU 2fTJ _~:n ~C r!6' ~ 2(') ::-.;,,-0 ~c: z :< o ... :::! f1:n -as :iJg o ::~j -;:. --d.~ -H "-"0 om b! :0 -< a c:,:, ". -0 :;0 I''';' C) "'0 ::Ji: ~ :.n .;:- r . " ..; COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND , Mag. Disl. No.: 09-2-01 OJ Nama: Hon. PAULA P. CORREAL Add"" EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA T",pho", (717) 240 - 6564 17013 - 0000 DANIEL E. HORNER 39 S.EAST ST. CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: . ',-." ",~.', ,~. ",-- -~~-','", '>'>-':'",,,-,"'c'"'r'-"'''-c.,,",-'--~;''''';;>, NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'HORNER, DANIEL E I 39 S.EAST ST. CARLISLE, PA 17013 L ~ VS. DEFENDANT: NAME and ADDRESS 'sWARTZ, HAYLEY JO 37 S :'EAST ST. CARLIS'i::E, PA 17013 L Docket No,: CV,0000024-00 Date Filed:, ': 1/21/00 I ~ ..~- ~ Judgment was entered for: (Name) _.FClLI'.LAIm'..'tU_ lfORNRR nll.NTRr. R ~ ~ Judgment was entered against: (Name) in the amount of $ llWlI.RT7.. HlI.vr.RV .TO (Date of Judgment) '1/2'1/00 . . 1 0'1" Q4 on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed wjthout prejudice. y r:j Amount of Judgment Subject to ~ AttachmenVAct 5 of 1996 $ , . "-, o o Levy is stayed for days or 0 generally stayed. Objection to levy has been file~'&nd hearing will be held: (Date & Time) Amount of Judgment $ 1. 000.00 Judgment Costs $ 35.94 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1.035.94 Po~t Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ Date: Place: Time: . ANY PARTY HAS THE RIGHT T OF APPEAL WITH THE P MUST INCLUDE A CO OF THIS 3/23/00 i certify that this is a tru 3/23/00 My commission expires first Monday of January, AOPC 315-99 , District Justice . gs containing the judgment. , District Justice 2006 SEAL Z 339 062 203 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Postage Certified Fee Special Delivery Fee Restricted DeliveJ Fee '" . m RetumReceipt'Sl.-c'/lingto ~/.............. :: Whom & Date DeliVered "'- ) '5. Return R""i~ Shov.ing to Whom, c:( Date, & Addressee's Address i TOTAL Postage & Fees $ .7' f ('I) Postmark or Date ! Lj-d(~()U Z 339 062 204 -",..-' ..,.. '" Special Delivery Fee Restricted Delivery Fee on m Retum'Receipt Showing to J ,- ~ Whom & Date Denvered ". ~ '5, Return ReceiptShowing toWhom, <( Dale,&Addressee'sAddress o i TOTAL postage & Fees $ C") Postmark or Date ~ L/-J.f-O/) n. ~ " '. .." ,.1-,-"" ,~_ F , ~ C--"'~'~~.'~l~jjjlil,"lil<I4'~j\~! COMIo!ONWEALTHOFPENN$YLVA~'4 . /. . , ' - , t.,',:: ',: ~; " -COURT O",C_, N PLEAS r_~'i~pl\ll_I'IIW~!ll9 CEOFAPPEAL . r .'C:Q~!_~rs.'-~J.~h.l,.,)J,:I, Jt"~" , j,~ ' FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMJ\IlON PLEAS No. co - ;) <jtj':J ~ r:: /ec.( -4 I ~I DC '. , NOTICE OF APPEAL Notice is given that: the app~(ant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the, District Justice on the date. cmd in the casementi~ belOVo< ADDRESS OF APPElLANT 39 SOOTH EAST STREET QTy CARLISLE 09-2-01 NAME OF APPELlANT + DANIEL E. HORNER ,,!;, PA ZIPCOOE 17013 DATE Of AJDGMENT 3-23_00 IN THE CASE OF (PIairrtiff) HORNER, DANIEL E. (Defendant) Sjgnat~re of ProthOf]otary or Deputy . vs. SwARTZ'; HAYL.EY.JC!. SK;NATURE OF APPElLANTO'HLS7'/7/:? ( ~ ft~A'--,~A::r If appellant was CLAIMANT (see Pa. R.CP.JP. No. toOt( 6 j;n, acJion ~fpre Q/strict Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE ofAPPEA4. aAIM NO "l CV12 nbnOn24_nn LT 19 This block will be signed ONL'( when this nalotion is required under Po. R.C.PJ.R.No. 10088. . ." This Notice of Appeal" when:' received by the District Justice. will,\operate as a SUPERSEDEAS 10 the judgment for possession in this case. . . :PlAECIPIUO ENl'~IlRULE TO FILE COMP~AIIlIT ANPllJLETOFILE " \, , (This section of form to be used ONLY when appellam was DEFENDANT (see Pa. HCP.JP, No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonolory Enter rule upon Name of appelleels) ,appellee(s), to file 0 complaint in this oppeal (Common Pleas No. e Of- 8ppeIJant or his attorney Of agent RULE: To Name of appelleels) , appellee(s). (1) You are notified that a. rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days after the dole of serYice of this rule upon You by personol service or by certified or registered mail. (2) ~ youda not ~Ie a complaint within this time.. a JUDGMENT OF NON PROS WILL 8EENTERED AGAINST YOU. :,'., (3) The date of service of this rule if ser'lice was by moil is the dale of mailing. ~: ,19_. SignaflJre of Prolhotxmy 01 Deputy --,------........, "oPC 312-84 C:OURTFILE . ~j;{;~i~,,;r{;ji;t.~'!,>.1t'l!.~i:-lJ;!t1.:liU:tY-<l'j,o""-';\?"~<;;"%-\';';";",R1.,j.\wdM~<"l'r','\:>;'i''''''~\\''!f''-<(''M-''tR~~'''''",'''''''-''"'-'~' ~~,;,~~'F~ ,,,",,,,,..'"'' .....".7' '"," ,'.,' "-' . ,'~ '''', -- ~ C"",\I'~;'~"'I&'d'_;'f' ,-;""":::'i~.;ii;jLI~~~Iiil~',4,;.' ,';,.,.jlt:;:"":_,,,-.-, , . _-::,::'"-::=-<<::,1' " ~,:_~:'~-U~~'~~ -; .";_'---'ltr~n-' -! ..~:~~~-~~-,;, ." J, ,'-" . "'-"o>if ." If '"i;~'" ',," PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNT\' OF ('At^"" ~P.N ~ AFFIDAVIT: I hereby swear or affirm that I served CIVIl.- \'gf a copy 01 the Notice of Appeal, Common Pleas No, OO~ Y7 :l. - , upon the District Justice designated therein on r (date of service) jl.p AAL ~ t I aCJ'c:7C::J . D by personai service ~y (certified) (registered) mail, sender's receipt attached hereto; and upon the appellee, (name) l4. A\P or;;;'l \"0 "\L.) Alii T Z .' on Ap n., \ .;lJ ,: iiClO.O. D by personal service'\iii.by (certified) (registered) mail, sender's receipt attached hereto. D and turther that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ." , 19~ D by personai service D by (certified) (registered) mail, sender's receipt attached hereto. // /;J SWORN (AFFlRMED) AND SUBSCRIBED ElEFORE ME / THiS 1..(;,f1. . DAY OF ;J.p>M-f ,~<7 ;.. Signafure of affiant I'flr/)~ Tlfle of official My commlsslOn expires on 19_ . Notarial Seal Harold s. lrwil"j ill, No'ary PUbilC Carlisle Boro, Cumberland County My commissIon Expires Sept. 23. 2002 . MembPr P~'irjS\!!V'lr:![; ;\:;~ociation at Notanes (') r:; C C cg ill, ?- Z~, ;:c ~S "" cr ~C1' -r: >.0 :x ~8i t..: Z :-.: --I -< r..; Jill. =-,~ ~', .~" ",-= --. ,..---'.-,.",..;",--".,-, ,'. "-,",~""j,..""",,,,;;.-. ',,-,' "'% '~'+",P'---'" _".m;;":::"~T~'';''''C'i';;. ,~'- ;'~', :II , .".L' ~ r.. . , ,'''''' "'" '"._ ,~'"' ,~ ", ,.",',;~_, u_,,,,,. \, ....,-""".., I iii .. f! ~ l!! .. ,'" ~ " o ]l .. ~ o u 1.'< i also wish to receive the follow- ,ing services (for an extra fee): crbOmplete items 1 and/or 2 for additional services. Comf:llete items 3, -4a, and 4b, '_ IJ Print your name and address on the reverse of this form so that we can return this card to you.. , . j" , IJ-Attach this fonl'fto the front of the mailpiece, or on the back if space does not permit. IJ WrM "Return Receipt Requested" on the mailpiece below the article number. IJ The Return Receipt will-show to whom the article was delivered and the date d ." 3, Art 1. 0 Addressee's Ad,dre$s 2. D Restricted Deiivery 4a. Article Number z.. 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise c.oM LA L \1...00 oS f- ~ '0 () PA 1/0,3 ~~:::d:; {, DCOD <:..A vt. LL ~ l;. lZ. ~ 7,Dateo 'i1t.f /tJ() 8. Addressee's AddresS (Only jf requested and fee is paid) It ~ ... !!! 1.0205~"g.;~ c~, :Uj .. " I .. ,5 I alseWi51'Jlo _eiVEl the fdllow- ing'services (fo(an extra fee):' d'Compi~~e items 1 and/or 2 for additi~nal services. Complete items 3, 4a, and 4b. tI Print your name and address on the reverse of this form so that we can return this carqtoyou. ,'" . 0 Attach this form to the front.of the mailpiece, or on the back if space does not permit. D Write "Returfi Receipt Requested" on the mail piece below1'the article number. .c: D The Return Receipt will show to whom the artlcle was del vered and the date o delivered, . j 3. ~rtic!e- Addressed to: .. ii. E II 1. 0' Addressee's Address 2. 0 RestrlctE~d _ Dellve.JY HftyL/iy ~O ..~ 7 5o(J'//-f €Art. U f( E: SwIJIlTZ.. , f'/15/5/ P A- n (HZ '5 4b. -Service Type D-,Reg'istered o Express Mail o Retum Receipt for Merchandise ')i'lCeertified o Insured DeCO ;) ressee's Address (Only if requested and fee is paid) ~ " it !!! rtwrrr ,"',~'l"",j~ " , __~Jl~~I__J}, ,__il_ '1e-25ini::S.IiI. iMiirilliieOeipt .", "Il i',; ~m Fle.~ipt .-,~,,-'-" r" .,~", ',"'N-"",' . hI> \t;o ,,}~ >':cu en a -f" g .. a: " ~ " m a: 0> " 'iij " ~ .e " g, '" " .. (: ~ u 'i: III a 'ij g a: " ~ " m It Ill, c 'iij " .e " o ... ",' " .. r: -. mU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL E. HORNER, Plaintiff CIVIL ACTION - LAW v. NO. 00-2492 CIVIL TERM HAYLEY JO SWARTZ, Defendant NOTICE TO PLEAD To: DANIEL E. HORNER and JOHN 1. BARANSKI, JR., ESQUIRE, his attorney You are hereby notified to file a written response to the attached New Matter within twenty (20) days from service hereof, or a judgment may be entered against you. LAW OFFICE OF MICHAEL J. HANFT Date: '2-8 ~ ~ By2:~~ti~:# LD. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 ,~~"'.~ . , '~\i!ll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DANIEL E. HORNER, Plaintiff CIVIL ACTION - LAW v. NO. 00-2492 CIVIL TERM HAYLEY JO SWARTZ, Defendant ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, HAYLEY JO SWARTZ, by and through her attorney, Gregory H. Knight, Esquire, and answers the Complaint filed against her as follows: 1. Admitted. 2. Admitted and denied. Admitted that Defendant had resided at 37 East South Street, Carlisle, Pennsylvania, during the time period specified in the Complaint but denied that Defendant currently resides there. COUNT I - BREACH OF AGREEMENT 3. Denied. Paragraph 3 is a conclusion oflaw to which no answer need be filed. To the extent that Paragraph 3 is deemed a statement offact, it is specifically denied and strict proof is demanded thereof at trial. 4. Denied. Paragraph 4 is a conclusion oflaw to which no answer need be filed. To the extent that Paragraph 4 is deemed a statement offact, it is specifically denied and strict proof is demanded thereof at trial. a. Denied. Defendant is without specific information to form a belief as to the truth of statements in Paragraph 4a. Strict proof is demanded at trial. i. Denied. Defendant did not agree to reimburse Plaintiff for any costs associated with the installation of the fence. Wi_IiilI~~ililIIll';;;;af"'"j~11liIWtl~~ -Y..'^ .",1,~ ^'.~~'I," ~,"''''''~'"'''''''o~,_~'" <I "~ ~ )jJll:l;11!~"'ln "r,," -'I,"'" .--' .~ " ,'"",""" , ~ t"~~.._- iIII"~' . ~~, ....... :1 , ~" ., r ~ :: -.Q"" ~.....- ~ ".. ~ I , '0' ~~. 11. Denied. See answer to Paragraph 4(a)(i) above. b. Admitted. i. Admitted. 11. Denied. Plaintiff contracted directly with Warehime's Plumbing & Heating. Furthermore, the proposal for installation attached as Exhibit A to the Complaint was signed by the Plaintiff on September 7, 1999 and includes his Acceptance of Proposal. Furthermore, the address and phone number on the proposal is the Plaintiff s. iii. Denied. Installation of the air conditioning unit was a gift from the Plaintiff to Defendant for the many hours Defendant had spent helping the Plaintiff including her help to clean-up his residence. Furthermore, the Defendant never agreed to work at any hourly rate of "$8.00 until the entire balance of the air conditioning unit was reimbursed to the Plaintiff". IV. Denied. See answer to Paragraph 4(b )(iii) above. Further, installation of the air conditioning unit was a gift to Defendant for past work and assistance to Plaintiff as he was moving into his house at 39 South East Street, Carlisle, Pennsylvania. Finally, Defendant never agreed to perform additional work towards any balance due for the installation of the air conditioning unit which was a gift to Defendant. c. Denied. Plaintiff purchased a part for gas grill used by Defendant to cook meals for Plaintiff but part was not requested by Defendant. Furthermore, the parts allegedly purchased by the Plaintifffor $45.00 are available at Agway for less than $10.00. 1. Denied. See answer to Paragraph 3( c) above. 11. Denied. See answer to Paragraph 3( c) above. 4. Denied. Paragraph 4 is a conclusion to law that no answer need be filed. To the extent that Paragraph 4 is deemed a statement of fact, it is specifically denied and strict proof is demanded thereof at trial and Defendant never agreed that the items purchased by the Plaintiff were loans to be repaid. ::- '<"~~ '. ~...-~, ~ J!' 5. Denied. Paragraph 5 is a conclusion to law that no answer need be filed. To the extent that Paragraph 5 is deemed a statement of fact, it is specifically denied and strict proof is demanded thereof at trial. 6. Denied. Paragraph 6 is a conclusion to law that no answer need be filed. To the extent that Paragraph 6 is deemed a statement of fact, the goods and services provided by Plaintiff were gifts to the Defendant. Furthermore, as a result of harassment from the Plaintiff, Defendant no longer resides at 37 South East Street, Carlisle, Pennsylvania. 7. Denied. Paragraph 7 is a conclusion to law that no answer need be filed. To the extent Paragraph 7 is deemed a statement of fact, it is specifically denied. 8. Denied. Paragraph 8 is a conclusion to law that no answer need be filed. To the extent Paragraph 8 is deemed a statement off act, it is specifically denied. 9. Denied. Paragraph 9 is a conclusion to law that no answer need be filed. To the extent Paragraph 9 is deemed a statement of fact, it is specifically denied. WHEREFORE, Defendant, Hayley Jo Swartz, respectfully requests judgment in her favor and against Plaintiff. COUNT II - UNJUST ENRICHMENT 10. Admitted and Denied. Defendant incorporates her answers to Paragraph 1 through 9 of Plaintiff's Complaint as if fully restated here. 11. Denied. Paragraph 11 is a conclusion of law that no answer need be filed. To the extent its deemed a statement of fact, Defendant is without specific information to form a belief as to the truth of the statements made in Paragraph 11. 12. Denied. Paragraph 12 is a conclusion oflaw to which no answer need be filed. 13. Denied. Defendant never requested that Plaintiff spend any money on her behalf. Furthermore, any expenditures by Plaintiff were made as gifts to the Defendant and were never discussed with Defendant before being made. 1n addition, Defendant spent hundreds of hours helping Plaintiff in the two and one-half week period from June 24,1999 to July 9,1999, the period specified in Plaintiff's Complaint. " . " A\j;l4ll..,IIMc~'" 14. Admitted and Denied. Admitted that Defendant has not paid Plaintiff for costs associated with the installation of the fence, the new air conditioning unit, and costs for the parts used to repair Defendant's gas grill. Denied that Defendant had any obligation to reimburse Plaintiff. Furthermore, Plaintiff voluntarily made those expenditures in return for the work Defendant had done for him. 15. Denied. Paragraph 15 is a conclusion of law to which no answer need be filed. WHEREFORE, Defendant, Hayley Jo Swartz, respectfully requests judgment in her favor and against Plaintiff. COUNT III - CONVERSION 16. Admitted and Denied. Defendant incorporates by reference herein her answers to Paragraphs 1 through 15 above. 17. Denied. Paragraph 17 is a conclusion of law to which no answer need be filed. a. Denied. Plaintiff gave Defendant his personal check on July 9, 1999 for paint and labor by Defendant to paint part of Plaintiff's property. 1. Denied. Check was for paint and labor to paint 2 doors. ii. Denied. Defendant purchased the paint and painted the doors. iii. Denied. See answer to Paragraph 17(a)(2) above. d (sic ).Denied. Defendant did not "remove" numerous quarters and dimes belonging to Plaintiff. In fact, Defendant was cleaning Plaintiff's house and, in accordance with a previous agreement, she took approximately ten dollars in coins to purchase paper towels and cleaning supplies for Plaintiff's house. 1. Denied. Part of Exhibit B was drafted by Defendant but those portions verified to in Paragraph 17(d) were not written by the Defendant. 11. Denied. See answer to Paragraph 17d(sic.) above. 111. Denied. See answer to Paragraph l7d(sic.) above. 18. Denied. Paragraph 18 is a conclusion to law to which no answer need be filed. ",-,', ~'i;' WHEREFORE, Defendant, Hayley Jo Swartz, respectfully requests judgment in her favor and against Plaintiff. NEW MATTER AND COUNTERCLAIM 19. Defendant has been self employed in house cleaning and personal services business for 12 years. 20. Defendants normal rate for house cleaning is $20.00 per hour. 21. Defendant has devoted approximately 125 hours to help Plaintiff clean up and repair Plaintiffs house. 22. Defendant has sustained the following additional damages as a result of Plaintiff's conduct: A. $800.00 spent to replace the property line fence damaged by Plaintiff and an additional $800.00 to move the fence to its proper location; B. $2,500.00 for time spent to drive Plaintiff to various sites because Plaintiff's driver's license had been suspended or revoked by PennDot; C. Approximately $500.00 for damages to Defendant's yard by Plaintiff repeatedly driving over it; D. $546.00 to repair damage to the bumper of Defendant' s car; and E. $900.00 for property including cleaning supplies, software, food and drinks taken from Defendant's house by the Plaintiff. WHEREFORE, Defendant, Hayley Jo Swartz, respectfully requests judgment against Plaintiff in the amount of approximately $8,500.00, plus interest, costs of suit, and attorney fees. Date: 2.6 T ~ "l-fX'JC) Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT 6u;Jgh!iq!:'j'lt- Attorney I. D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant . VERIFICATION I verify that the statements made in this Answer to New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Date: 7 /2d~<1>(H JdJ~ II. Rayle Jo Swartz, Defend _."J 1~'"~:,: CERTIFICATE OF SERVICE AND NOW, this 1J; "Jli:.day Of~, 2000, I, Gregory H. Knight, Esquire, hereby. certifY that I have this day served the following persons with a copy of the foregoing Answer With New Matter and Counterclaim, by first class, United States Mail, postage pre-paid, addressed as follows: John 1. Baranski, Jr., Esquire LAW OFFICES OF HAROLD S. IRWIN, III 35 East High Street, Suite 202 Carlisle, P A 17013 LAW OFFICE OF MICHAEL J. HANFT €~~~Lf~0- Attorney 10 No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attomey for Defendant F :\User Folder\Firm Docs\Gendocs2000\1 735- lanswer.l. wpd '" ~ l,'L, ",' "1' ./ DANIEL E. HORNER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 00-2492 CIVIL TERM HAYLEY JO SWARTZ IN RE: ARBITRATION ORDER OF COURT AND NOW, October 25, 2002, the Court having been informed that the plaintiff in the above case is deceased, the panel of arbitrators previously appointed is vacated, and James D. Bogar, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, P.J. James D. Bogar, Esquire, Chairman James D. Cameron, Esquire Thomas J. Ahrens, Esquire }~ ~ !!j:~6L- Court Administrator ~_.Ail' ,I" . uwliiijijj'.""-'--"'~. "--'~.t', ~'.' ~ [~ (Q, ~, ~, ~ <2" It/crlbJ.-- VI' 'w-', "1\1' Sd v i\\\lI\ 1/\<,) ,t''\!'" ... I '1\'1"(','" ('I~,:',r'l\nCII"'n" /\.1.1 ~ 1\.1'--' ,_" -,' !' ,,.,',Ji ~ V ,- (j'k 'I'\> c.? 1"0'0 o -u t~ 'J 0 c,. oJ lJ }L1\.flC'I"I,C--~', i: ,'"j',,'_I'- :\0 \U".i.~)1 ';\..i\ I_'''''"-'~,l 3CJI:HQ--CB1d ~.., , ,'~' ~ q,"" ,."..... , ',~~ ","' , ~ , '1 .. ;~