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HomeMy WebLinkAbout00-02697 ~~ ~ - J_~I&'J WILLIAM F. MOORE, : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW CU~( '-r~ SANDRA GARMAN, NO. (')0 - ;;J1.97 Defendant NOTICE You have heen sued in court. If vou 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 obiections 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 iudgment 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 HA VB A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 AVISO US TED HA SIDO DEMANDADO/ A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de 10s proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de unabogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a. las demanda presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la I. ~" ....... ['I' demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya pOI la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO 1MMEDIATEMENTE. S1 USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA Y A A LA S1GUIENTE OF1CINA PARA A VERIGUAR DONDE PUEDE ENCONTRARAS1STENC1A LEGAL. COURT ADMINISTRATOR Fourth Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 By MARKIAN . SLOBODIAN, ESQ. I.D. No. 410 5 G. EDWARD SCHWEIKERT IV, ESQ. I.D. No. 81976 801 North Second Street P. O. Box 11967 Harrisburg, PA 17108-1967 (717) 232-5180 Attorneys for William F. Moore Dated: ~(. 1..t" \ t..o.:><:> - '" WILLIAM F. MOORE, : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW v. NO. ()V - .,It.'17 cw.:e~ SANDRA GARMAN, Defendant COMPLAINT NOW COMES, Plaintiff, William F. Moore (hereinafter "Moore") by his attorney the Law Offices of Markian R. Slobodian, and makes the following complaint against Defendant, Sandra Garman: I. Plaintiff is William F. Moore, an individual having a principal place of business at 3456 Trindle Road, Camp Hill, Pennsylvania, 17011. 2. Defendand, Sandra Garman, is an individual residing at 2008 Leslie Avenue, Lebanon, Pennsylvania, 17042. COUNT I 3. In or about April, 1999, Defendant asked Moore to loan her the sum of One Thousand Five Hundred Dollars ($1,500.00). 4. Moore loaned Defendant this money to help her obtain adequate funds to purchase a vehicle. 5. Defendant subsequently purchased a vehicle. 6. In or about December, 1.999, Defendant asked Moore to loan her an additional; Five Hundred Dollars ($500.00) to assist her in purchasing Christmas presents for her children. - - 7. Thereafter, in or about Defendant, 1999, Moore loaned Defendant the additional sum of Five Hundred Dollars ($500.00). 8. The total amount which became due and owing Moore by Defendant on account of the transactions referred to in the above paragraphs is Two Thousand Dollars ($2,000.00). 9. To date, Defendant has not paid the total amount due. 10. Moore has demanded that Defendant pay the balance due but Defendant has failed to do so. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of Two Thousand Dollars ($2,000.00), plus costs of suit and interest from the date of judgment, which sum does not exceed the jurisdictional limit for compulsory arbitration. COUNT II If this Honorable Court should find that an express contract did not exist between Plaintiff, William F. Moore, and Defendant, which is denied, then, in that event, Plaintiff pleads the following alternative cause of action in quantum meruit against the Defendant: 11. Paragraphs 1 through 2 inclusive, are hereby incorporated herein by reference. 12. Having requested Moore to provide the funds and Moore having done so to the benefit of Defendant, Defendant became liable to Plaintiff for the total amount loaned. 13. The Defendant has been unjustly enriched by accepting the loan and failing to pay it back. 14. The total amount by which Defendant has been enriched on account ofthe loan is Two Thousand Dollars ($2,000.00). 15. Moore has demanded that Defendant pay this amount, but Defendant has failed to .' do so. ~" ~ ,,-- WHEREFORE, Plaintiff demands judgment against Defendant in the sum of Two Thousand Dollars ($2,000.00) plus costs of suit and interest from the date of judgment, which sum does not exceed the jurisdictional limit for compulsory arbitration. Respectfully submitted, LAW OFFICES OF MARKlAN R. SLOBODIAN AN R. LO ODIAN, ESQ. J.D. No. 41075 G. EDWARD SCHWEIKERT IV, ESQ. I.D. No. 81976 801 North Second Street P. O. Box 11967 Harrisburg, PA 17108-1967 (717) 232-5180 Dated: A-pr.\ ZI/ 'Z-1>V, Attorneys for Plaintiff . 3 ~ VERIFICATION Subject to the penalties of 18 Pa. C.S.A. g4904, relating to unsworn falsification to authorities, I hereby certify that I am the Plaintiff in the above-referenced case and that the facts set forth in foregoing Complaint are true and correct to the best of my information and belief. William F. Moore Dated: 27 April 2000 3 .' ,.." ~ ~.. - ,-,,; ~iliitj~~","Sl'dl&ii!W~~~~iillil~!iWY..t<"'''''C<i'ill~&.~i:L,}_.lf8md~_I''';'~ 'U ,.J..;.;o.lL ' ~ ,.., ~..~ M!lI!illll!i!lHii!li"".....~- (J ~ ig. ~ ~ ~ n C! V\ C> F C:J , ~ ~ ~ '." ',:", ..a C>r"-- )\.) /=-.. , (g !V L~ I I \ en r--.::, p ~'~ ~ ~_.~ -- ~ /...:) --....~ --r; ~.r71_ -- ~ ~-: '-. ~;..:-' .0:::' , -:::0; "- -j -< ,''', :1-; - --;::;:; 7'-. -' ': 51 n '::-1 ~~ -! ;-.~: 1;) -,-, t! '- SHERIFF'S RETURN - OUT OF COUNTY .........' ~ " ,'~ ' "0' CASE NO: 2000-02697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE WILLIAM F VS GARMAN SANDRA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT GARMAN SANDRA but was unable to locate Her deputized the sheriff of LEBANON , to wit: in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 12th , 2000 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Lebanon Co 40.25 .00 77 .25 05/12/2000 MARKIAN R. SLOBODIAN Sworn and subscribed to before me this :I.'ftb< day of '"'-r J.l)'O-O A. D. n 'l'-Q.~ .~. ~ Prothonotary Tomas Kline iff of Cumberland County . .. - . . NOTICE & COMPLAINT No. 00-2697 Lebanon, PA, May 8, 2000 WILLIAM F. MOORE (RETURN TO CUMBERLAND CO. SHERIFF) vs. DOCKET PAGE 15056 SANDRA GARMAN STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Deborah A. Miller, Chief Deputy Sheriff, being duly sworn according to law, deposes and says that she served the within NOTICE & COMPLAINT upon SANDRA GARMAN, the within named DEFENDANT, by handing a true and attested copy thereof, to her, personally, on May 8, 2000, at 10:50 o'clock A.M., at the Sheriff's Office, 400 South Eighth Street, Lebanon (City), Lebanon County, Pennsylvania, and by making known to her the contents of the same. *NOTE: The Defendant is now living at 806 East Main Street, Annville, PA 17003. Sworn to and subscribed before me this 8th day of May, A.D., 2000 SO ANSWERS, ;e~#,~_ Notary Public ,#,I!!$ OTARIAL SEAL NANCY L. 51 ARNER. Notary Public l eban,n. L,ban,n County. Pa. My CommlSSI,n Expires A'Lust 8. 2002 SHE /"-S' SHERIFF'S COSTS IN ABOVE Advanced costs paid on 5i5ioO Check No. Costs incurred: Refund: Check No. 8170 PROCEEDINGS 28420 Amount Amount Amount 100.00 40.25 59.75 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 1__ .l' ~ . . In The C6urt 'Of Common Pleas of Cumberland County, Pennsylvania William F. Moore Sandra l3arman vs. . No. 20-2697 Civil Now, 5/3/00 ,20 O(), I, SHERIFf OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff... V . AI!', . ~~~~~~~ - Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made !mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDA VrT $ $ " ,-~, ~\CQs,'C.. S \-v {cr- Q\jl.V'f\'\-~ ~. -"-~< "~ J I I I" ~--~- ~ ~~,~ __I, WILLIAM F. MOORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-2697 SANDRA GARMAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2000, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint, it is hereby ordered that Counts I and II of Plaintiff's Complaint are dismissed with prejudice. BY THE COURT: 1. ;!I I I I I I, II I I I' I I I I' ,I Ii 'I II I ,""""""","., . .- ~ - - ',- ~1~- , ,~~~, ~ .,- "''''''''''~., --,~ --~" ." f\-(\::pCf .,,:~~~'M~I!';t'\OTAR'{ OF. ,"I:,H II'" 00 JHH -5 M~ \\): 30 " N).U" n'( _ _._<' ~",' _ .l l\l. \ CIJM"''-r\LP,',t; \.;, PENNS1'LVAN\/\ g... l_1l ft!!;l1~l!'l!V,-<ffl~~~,_.,..~~~_!l!wmffill'1M;~~~M~'""';'-t'i'-1'''''W--'''':l\IJ,;m'''l1'\,\,<,;I\'1!:;!i'~~!!mIMli'I'!~~IIO~~'~;jp,W'~~~!Jllflf;~l!IAlIII!Ji; ~,..' WILLIAM F. MOORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-2697 SANDRA GARMAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY 08JECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Sandra Gannan, by and through her attorney, Jeanne B. Costopoulos, Esquire, and files the fullowing Preliminary Objections to Plaintiffs Complaint stating the following: 1. Plaintiff filed his complaint in this case on or about May 2, 2000. 2. The Complaint was served on Defendant by the Cumberland County Sheriff on May 8, 2000. Legal Insufficiency of Pleading (Demurrer) 3. Plaintiff has failed to state a claim or cause of action for which relief may be granted. Insufficient Specificity of Pleading 4. Plaintiff has failed to specity whether the alleged agreement/loan between the parties was reduced to writing. 5. Plaintiff has f;tiled to specifY the exact date of the alleged loan. Improper Venue 6. Plaintiff has failed to aver the place in which his cause of action arose. ~ ,. - .- IIIm_ WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Counts I and II of Plaintiff's Complaint with prejudice and grant such other relief as this. Court deems just and appropriate. RESPECTFULLY SUBMITTED, BY: DATED: <{'l2.<r!;d / Jeann . Costopoulos, Esquire ATT RNEY FOR DEFENDANT 1400 N. Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Ct. ID No. 68735 WILLIAM F. MOORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-2697 SANDRA GARMAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing PreliI11inary Objections to Plaintiff's Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, at Harrisburg, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Markian R. Slobodian, Esquire G. Edward Schweikert IV, Esquire SOl North Second Street P.O. Box 11967 IIarrisburg, P A 171 08-1967 Date: ~f?/)I (fd BY: -P'--- - Je e B. Costopoulos, EsqUIre COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, P A 17102 ID# 68735 Tel. (717) 221-0900 ATTORNEY FOR DEFENDANT , ,.... ,. ~:O:~ s,8f I~[ ~WR<> 8 :::;a~ -CI:l~ Si~ ::d~~Pii:: el 0..... tr1 1:;. ~, ~ Z ~ e: croo<:~ ~Xg.a:;d [J(l..... , . .....eIlVlt/j "t:I\08g.0' > ~ g .~ g- ..... Q..g,Q.. ~ ell i7\ .... - (l)~ o ~::L c:o (1)..... tr1 - -<:'" \0 .,.Q Q\ ..... ~ ~ ,., 1;' '" (l) '@ 1;' t1> i' ""tv..... . I, \11'0.... VlCO-.l * VlO ;+ . ~ OUNllFc~ ~?~ <;~ I ~It)) ~ O~II .... ~~ -.l -" 0 N '" >~, ' .' - . , ". IU ",51 ~"Pl> g :::;a~ - 2- s~s. ~ :I:-(")(:r' ~. 8@g CIJ z o-l Ol. [O~~ ~~~~ >20S ..... 8 f.f.l'g --JQ..r.>..c; ..... l'<~_ Of.f.l 0 Nq~CIJ C1l trJ ~ Ol_trJ .... l CIJ (")..0 :I: ~. l'P \.Ill"... It V"Ol.>l Vl 0-'" It "'0 If It S OUNl%"." ~?~ Yi ~ ~It~i ~ o~11 ~ ~~ N 0- ,I~'h ...." c ""'. " "t,_ M~Y 3 O. 20~ WILLIAMF. MOORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-2697 SANDRA GARMAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2000, upon consideration of Defendant's Preliminary Objections to Plaintiffs Complaint, it is hereby ordered that Counts I and II of Plaintiffs Complaint are dismissed with prejudice. BY THE COURT: 1. -"~"" ,-" - - ~ -.'~. , '. MAY Jj 0 2QO~ WILLIAM F. MOORE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00-2697 SANDRA GARMAN, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2000, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint, it is hereby ordered that Counts I and II of Plaintiff's Complaint are dismissed with prejudice. BY THE COURT: 1. .~ - 1iIIiilll-""" --~~'1'~-,,,;, WILLIAM F. MOORE, : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. NO. 00-2697 (Civil Term) SANDRA GARMAN, Defendant AMENDED COMPLAINT NOW COMES, Plaintiff, William F. Moore (hereinafter "Moore") by his attorney the Law Offices of Markian R. Slobodian, and makes the following complaint against Defendant, Sandra Garman: 1. Plaintiff is William F. Moore, an individual having a principal place of business at 3456 Trindle Road, Camp Hill, Pennsylvania, 17011. 2. Defendant, Sandra Garman, is an individual residing at 2008 Leslie Avenue, Lebanon, Pennsylvania, 17042. COUNT I 3. In or about April, 1999, Defendant contacted Moore at his Camp Hill, Pennsylvania, office and orally requested that Moore loan her the sum of One Thousand Five Hundred Dollars ($1,500.00). 4. Moore loaned Defendant this money to help her obtain adequate funds to purchase a vehicle. 5. Defendant subsequently purchased a vehicle. .~.,-=,. .- -~ ~ -, , "" .- ~""'~_h 6. In or about December, 1999, Defendant contacted Moore at his home in Camp Hill, Pennsylvania, and orally requested that Moore loan her an additional Five Hundred Dollars ($500.00) to assist her in purchasing Christmas presents for her children. 7. Thereafter, in or about Defendant, 1999, Moore loaned Defendant the additional sum of Five Hundred Dollars ($500.00). 8. The total amount which became due and owing Moore by Defendant on account of the transactions referred to in the above paragraphs is Two Thousand Dollars ($2,000.00). 9. To date, Defendant has not paid the total amount due. 10. Defendant's agreements with plaintiff have not been reduced to writing. 11. Moore has demanded that Defendant pay the balance due but Defendant has failed to do so. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of Two Thousand Dollars ($2,000.00), plus costs of suit and interest from the date of judgment, which sum does not exceed the jurisdictional limit for compulsory arbitration. COUNT II 1hhis Honorable Court should find that an express contract did not exist between Plaintiff, William F. Moore, and Defendant, which is denied, then, in that event, Plaintiff pleads the following alternative cause of action in quantum meruit against the Defendant: 12. Paragraphs 1 through 2 inclusive, are hereby incorporated herein by reference. 13. Having requested Moore to provide the funds and Moore having done so to the benefit of Defendant, Defendant became liable to Plaintiff for the total amount loaned. 14. The Defendant has been uryustly enriched by accepting the loan and failing to pay it back. 2 _..-- ~~ -~-_.~." 15. The total amount by which Defendant has been enriched on account of the loan is Two Thousand Dollars ($2,000.00). 16. Moore has demanded that Defendant pay this amount, but Defendant has failed to do so. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of Two Thousand Dollars ($2,000.00) plus costs of suit and interest from the date of judgment, which sum does not exceed the jurisdictiona1limit for compulsory arbitration. Respectfully submitted, LAW OFFICES OF MARKIAN R. SLOBODIAN By AN SLOBODIAN, ESQ. I. . No. 41075 G. EDWARD SCHWEIKERT IV, ESQ. I.D. No. 81976 801 North Second Street P. O. Box 11967 Harrisburg, PA 17108-1967 (717) 232-5180 Attorneys for Plaintiff, William F. Moore Dated: ~ IS, z..:,,,D 3 '~~!-J- ii " !i r! i: 11 " " f: 1-,1 (i . , I'b.>_ . -,,-,.......,.ilUa'""'"-> '~--~"-"'-' VERIFICATION Subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to authorities, I hereby certify that I am the Plaintiff in the above-referenced case and that the facts set forth in foregoing Complaint are true and correct to the best of my information and belief. JV~~ William F. Moore Dated: June 11, 2000 4 .~ ' "~- ~.~- K: r! ,. Ie f' I! 1"1 '! 'i CERTIFICATE OF SERVICE [I 11 I-I I ~-j ~,I I hereby certify that a true and correct copy of the foregoing Amneded Complaint was served this date upon the following person by United States mail, first class, postage prepaid: Jeanne B. Costopoulos, Esquire 1400 N. Second Street Harrisburg, PA 17102 Dated: r I.!) VUe <> 5 ..... ..---- "' , ,~ "...JIl!M.!i!.~L'''''''''''''''';''~'''''''!OlIIllru.H;,~'''L~ll!;~J =_~ v. , _~_d ^" "n:"";',,,,:", =, - -." ',",,~- U!l~~ o c ~rf; :2'-- ~~ '<: '. :zC) --0 )>c :z =< Cd ''-''] ,- c_ ~;~ ,. ,-~-" ,-" -- j ~ n -"~-J -0 :3;: -j::rf~ ~,~ ~ ~ Ul ~ - ~~ ~ WILLIAM F. MOORE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-2697 SANDRA GARMAN, Defendant : CIVIL ACTION - LAW To: William F. Moore, Plaintiff c/o Markian R. Slobodian, Esquire G. Edward Schweikert, IV, Esquire 801 North Second Street P.O. Box 11967 Harrisburg, PA 17108-1967 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof of a judgment may be entered against you. DATED: -; Ii () !to BY: ~ Jea:Ji; Costopoulos, Esquire ATTORNEY FOR DEFENDANT 1400N. Second Street Harrisburg, P A 17102 (717) 221-0900 Supreme Ct. ill No. 68735 '~~~h'-' '-j ~ I ); f! ~ ; i'-' "I f,: t'i 1-.1 " ;) I I:: I' ., } 'f! ~I >1 ~I ~~ ~,: ,I ~; i,i fl H ~I I: t~ ti " " il t'l [I ,l !l H " "I ([ Jc '~'"''''''';.~~'' WILLIAMF. MOORE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA v. : No. 00-2697 SANDRA GARMAN, Defendant : CIVIL ACTION - LAW DEFENDANT'S ANSWER AND NEW MATTER AND NOW comes the Defendant, Sandra Gannan, by and through her attorney, Jeanne B. Costopoulos, Esquire, and files the following Answer and New Matter: I. Admitted. 2. Admitted in part. Denied in part. It is admitted that Sandra Garman is an individual residing in Lebanon County. Ifis specifically denied that Defendant is residing at 2008 Leslie Avenue, pennsylvania, 17042. COUNT I 3. Denied. It is specifically denied that in or about April, 1999, Defendant contacted Moore at his Camp Hill, Pennsylvania, office and orally requested that Moore loan her the sum of One Thousand Five Hundred ($1,500.00) and strict proof thereof is demanded. 4. Denied. It is specifically denied that Moore loaned Defendant any money at any time for any reason, including money to help her obtain adequate funds to purchase a vehicle and strict proof thereof is demanded. " ~ ' .~, '"he, "'-'"~ ll","" 5. Admitted in part. Denied in part. It is admitted that Defendant purchased a vehicle. It is specifically denied the purchase was made subsequent to a loan by Plaintiff and strict proof thereof is demanded. 6. Denied. It is specifically denied that in or about December, 1999, Defendant contacted Moore at his home in Camp Hill, Pennsylvania, and orally requested that Moore loan her an additional Five Hundred Dollars ($500.00) to assist her in purchasing Christmas presents for her children and strict proof thereof is demanded. 7. Denied. It is specifically denied that thereafter, in or about "Defendant" (sic), 1999, Moore loaned Defendant the additional sum of Five Hundred Dollars ($500.00) and strict proof thereof is demanded. 8. Denied. It is specifically denied that any amount, including but not limited to the amount of two Thousand Dollars ($2,000.00), became due and owing Moore by Defendant on account of any transactions, including but not limited to those alleged transactions referred to in Plaintiff's Complaint, and strict proof thereof is demanded. 9. Admitted in part. Denied in part. It is admitted that Defendant has not paid any amount to Plaintiff It is specifically denied that Defendant owes Plaintiff any amount and strict proof thereof is demanded. 10. Admitted in part. Denied in part. It is admitted that there are no written agreements between Plaintiff and Defendant. It is specifically denied that there were ever any agreements between Plaintiff and Defendant and strict proof thereof is demanded. .1 "~ _'J"",.....<I~,,~,,, I I. Admitted in part. Denied in part. It is admitted that Moore is demanding money from Defendant and that she has failed to comply. It is specifically denied that Defendant owes any money to Defendant and strict proof thereof is demanded. COUNT II 12. No answer required. 13. The averments of paragraph 13 ofPlaintifrs Amended Complaint constitute a conclusion oflaw to which no answer is required under applicable Rules of Civil Procedure. If such an answer is deemed necessary, said averments are specifically denied and strict proof thereof is demanded. 14. The averments of paragraph 14 ofPlaintifI's Amended Complaint constitute a conclusion oflaw to which no answer is required under applicable Rules of Civil Procedure. If such an answer is deemed necessary, said averments are specifically denied and strict proof thereof is demanded. 15. Denied. It is specifically denied that Defertdant has been enriched in any manner by any loan in any amount and strict proof thereof is demanded. DEFENDANT'S NEW MATTER 16. The averments contained in paragraphs one (I) through fifteen (15) of Defendant's Answer are incorporated herein by reference as though fully set forth. 17. The alleged agreement between the parties, if it had existed, was made in violation of the Statute of Frauds and therefore, is not enforceable. _. . " .<>- , - j,." l ~JLl!ii, 18. Plaintiff has never lent Defendant any money for any reason and Plaintiffs Amended Complaint was filed with malicious intent and is frivolous, without merit, and without basis in fact. 19. Defendant has been a victim of unwanted advances by Plaintiff and it is believed and averred that Plaintiffs Amended Complaint was filed as revenge toward Defendant for rejecting Plaintiff s amorous advances. WHEREFORE, Defendant respectfully requests that Plaintiffs claim for reliefbe denied and that it be dismissed with prejudice. RESPECTFULLY SUBMITTED, BY: #r JeanniB. CostopouIos, Esquire ATTORNEY FOR DEFENDANT 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ill No. 68735 DATED: 1 !:()!oo I WILLIAM F. MOORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I'" I. i-: I I' I~ ii' v. : No. 00-2697 SANDRA GARMAN, Defendant CIVIL ACTION - LAW VERIFICATION :i I' 1 " r I, Sandra Garman, hereby verifY and state that: 1. I am the Defendant in the above-captioned case. 2. The answers set forth in the foregoing Answer and the allegations set forth in foregoing New Matter are true and correct to the best of my knowledge, information and belief. 3. I am aware that false statements herein are made subject to the p.enalties of 18 Pac C.S. 4904, relating to unsworn falsification to authorities. cS-~ -J. 4~ Sandra Garman, ~ndant Date: ?- (t) - DO ~"" L ,'.. ~ -~- WILLIAM F. MOORE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-2697 SANDRA GARMAN, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE 1, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Markian R. Slobodian, Esquire G. Edward Schweikert, IV, Esquire 801 North Second Street P.O. Box 11967 Harrisburg, PA 17108-1967 BY: DATED: l/!(}!rrJ Jeann' . Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Attorney I.D. No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR DEFENDANT - ~ "-~t'"'$.,,~ . I' I, i., , i i i". " :., i:.; I II i,., I:,' ~i "._"~,," ~ ~~- ... ........illII~""'"',W.iil..l;"" WILLIAM F. MOORE, : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW v. NO. 00-2697 (Civil Term) SANDRA GARMAN, Defendant PLAINTIFF'S ANSWER TO NEW MATTER NOW COMES, Plaintiff, by his counsel, the Law Offices ofMarkian R. Slobodian, and makes the following answer to Defendant's new matter in the above-referenced case: 16. This paragraph incorporates by references paragraph 1 through 15 of Defendant's answer. No answers are required to the paragraph. To the extent answers may be required, Plaintiff reincorporates by reference and realleges the allegations set forth in paragraphs 1 through 15 of his Complaint. 17. Denied. This paragraph states a conclusion of law to which no answer is required. To the extent that an answer may be required, the allegation that the agreement violates the Statute of Frauds, and that it is, accordingly, allegedly not enforceable is denied. 18. Denied. Plaintiff denies the allegation that he never lent Defendant any money for any reason. Plaintiff further denies the allegation that the Amended Complaint was filed with malicious intent as well as the allegation that the Complaint is frivolous, without merit, and without basis in fact. 19. Denied. Plaintiff denies the allegation that Defendant has been a victim of unwanted advances by Plaintiff. Plaintiff further denies the allegation that the Amended . - .. , "~ ~~ --~,~ FI~.oo.,~i . Complaint was filed as revenge towards Defendant for rejecting Plaintiff's alleged amorous advances. WHEREFORE, Plaintiff requests that this Court enter and Order denying the relief requested in Defendant's New Matter and, instead, granting to Plaintiff the relief which he has requested in his Complaint. Respectfully submitted, LAW OFFICES OF MARKIAN R. SLOBODIAN ~. /fA- By MARKIAN R. SLOBODIAN, ESQ. J.D. No. 41075 G. EDWARD SCHWEIKERT IV, ESQ. J.D. No. 81976 801 North Second Street P. O. Box 11967 Harrisburg, PA 17108-1967 (717) 232-5180 Dated: 1 h.clioJ Attorneys for Plaintiff ~~_..w' VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities, I hereby certif'y that I am the Plaintiff in the above-referenced case and that the facts set forth in foregoing Answer are true and correct to the best of my information and belief. /W~ William F. Moore Dated: July 18, 2000 3 ..~ ~.~""-~, I ,,~. f' !,.; . ~g-~~ ~'-- .'~~--<J....__~_.......I~ ,~ , ' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Amneded Complaint was served this date upon the following person by United States mail, first class, postage prepaid: Jeanne B. Costopoulos, Esquire 1400 N. Second Street Harrisburg, P A 171 02 ~~ Markian R. Slobodian Dated: 'J"<.v) ;2<J, )..-d"''''. 5 ~-~~- -~~~~ ""~.ll;ti~~~""_i"':'''''"''''''''''"'~"'I;l'~!II..lI~ l!fl(_~~t":~,V,!__)l"15~L__" '-', "_"'~,"'_'" .", _ ". _,_"'_'_~~ ,"',""""" .."', ...-e_,'_ ",. r, ;' ll~"- " _~'"' ~~!!iIj<U_~'~-" "-~~ (") C) (~ C C) ~~ "1'1 ~T:i r,"T' ,- III ::;; 2: L:'" r.'"- ", ;" UJ ,L" ,- ~.~: .. j --r:.J [-r :z , ., " )~ C .. C' C C) , 11 :z :;2 :::! ~ c::> :::0 -< '"