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Home My WebLink About97-00975 from Defendant vicki L. Kraber that she would repay such sum on or prior to receipt of any settlement which Defendant Vicki L. Kraber received as part of a personal injury settlement from the above- referenced accident. 7. A copy of the June 2, 1996 agreement is attached hereto as Exhibit "A". 8. On or about August 4, 1996, Plaintiff, David R. Lenker, II, loaned Defendant, Vicki L. Kraber, the sum of $2,500.00 upon promises from Defendant vicki L. Kraber that she would repay such sum on or prior to receipt of any settlement which Defendant Vicki L. Kraber received as part of a personal injury settlement from the above- captioned accident. 9. A copy of the August 4, 1996 agreement is attached hereto as Exhibit "B". 10. On or about September 13, 1996, Plaintiff, David R. Lenker, II, loaned Defendant, Vicki L. Kraber, the sum of $1,600.00 upon promises from Defendant vicki L. Kraber that she would repay such sum on or prior to receipt of any settlement which Defendant vicki L. Kraber received as part of a personal injury settlement from the above- captioned accident. 11. A copy of the September 13, 1996 agreement is attached hereto as Exhibit "C", 12. All loans made to Defendant Vicki L. Kraber by Plaintiff, David R. Lenker, II, were made by check and endorsed by Defendant vicki 2 L. Kraber. 13. In addition to the aforementioned loans, Plaintiff, David R. Lenker, II, loaned Defendant Vicki L. Kraber an amount of $833.92 for groceries as Defendant vicki L. Kraber advised Plaintiff, David R. Lenker, II, that she was unable to work and needed assistance with her food bills and reasonable living needs. Copies of credit card receipts indicating payment of such items are attached hereto as Exhibit "D". 14. On or about October 3, 1996, Defendant, vicki L. Kraber, terminated the relationship between herself and Plaintiff, David L. Lenker, II. 15. The amounts in controversy herein do not exceed the jurisdic- tional amount requiring arbitration pursuant to local rule of court. COUNT NO.1: BREACH OF CONTRACT 16. The averments of Paragraphs 1 through and including 15 hereinabove are incorporated herein by reference thereto. 17. By virtue of the written agreements between Plaintiff, David R. Lenker, II, and Defendant Vicki L. Kraber, Defendant promised and agreed to repay the total sum of $7,300.00 to Plaintiff, David R. Lenker, II. 18. To date, Defendant, Vicki L. Kraber, despite proper request and demand by Plaintiff, David R. Lenker, II, has continually refused to pay Plaintiff, David R. Lenker, II, any amount based upon the loan agreements identified above and attached hereto as Exhibits. 3 " WHEREFORE, plaintiff, David R. Lenker, II, demands judgment against Defendant, Vicki L. Kraber, in the amount of $7,300.00, plus interest thereon, together with the costs of this action, attorney fees and any other relief deemed just and appropriate. COUNT NO.2: BREACH OF ORAL AGREEMENT 19. The averments of Paragraphs 1 through and inCluding 18 hereinabove are incorporated hereby by reference thereto. 20. Pursuant to the oral requests and promises made by Defendant, Vicki L. Kraber, Plaintiff, David R. Lenker, II, provided services and food goods to Defendant directly for her benefit. 21. The reasonable and necessary charges for said services and goods provided as requested by Defendant, Vicki L. Kraber, are in the total amount of $833.92. 22. To date, Defendant, Vicki L. Kraber, despite proper request and demand by plaintiff, David R. Lenker, II, has not paid or reim- bursed plaintiff, David R. Lenker, II, for these amounts or brought such indebtedness current. 23. By reason of the request to Plaintiff, David R. Lenker, II, to perform services and provide food goods from Defendant, Defendant impliedly promised to pay Plaintiff, David R. Lenker, II, for the reasonable and necessary charges for such benefits and services pro- vided for the exclusive benefit of Defendant, Vicki L. Kraber. WHEREFORE, Plaintiff demands judgment against Defendant, Vicki L, Kraber, in the amount of $833.92, plus interest thereon, together with 4 the costs of this action, attorney fees and any other relief deemed just and appropriate. COUNT NO.3: UNJUST ENRICHMENT 24. The averments of Paragraphs 1 through and including 23 hereinabove are incorporated herein by reference thereto. 25. Defendant, Vicki L. Kraber, obtained the services and goods of Plaintiff, David R. Lenker, II, as set forth herein. 26. Plaintiff, David R. Lenker, II" upon Defendant's promises, fully and adequately loaned money and purchased and provided food goods as requested by Defendant, Vicki L. Kraber, to assist her with living expenses. 27. As a direct and proximate result of Defendant Vicki L. Kraber's refusal to pay Plaintiff, David R. Lenker, II, the reasonable value of his services and goods from which Defendant, Vicki L. Kraber, benefited, Defendant, Vicki L. Kraber, has been unjustly enriched in the amount of $8,133.92. WHEREFORE, Plaintiff demands judgment against Defendant, Vicki L. Kraber, in the amount of $8,133.92, plus interest, together with the costs of this action, attorney fees and any other relief deemed just and appropriate. COUNT NO. 4 OUANTUM MERIT 28. The averments of Paragraphs 1 through and including 27 hereinabove are incorporated herein by reference thereto. 5 DA VID R LENKER II J24 HCOEsrCWN Q,O \1E';H"\NIC3au~a =',\ ';"055 1027 oW-r:~1I1:'J1J .- "1' lJ~ / P"1\/"P4~' ~..<~ .:~ %:~~. Ln:c:r...1 . '~'--' " '---H 11/ /; II' J' ~ 't-J.I",,:,_'ti~''''''J'~_/;r::-::_ .._. ,"-~.II"'_. ....~;.4 OCIHARRIS / A "~ - IiI SAVINGS BANK //' 1/1/:6 j /I 1I".UlUIIMl'MC.'" 11l1l1 I.//J.V ~l' / r. ," .... . '..L. I: Fer 7"1'> -r:"""!-'/'''';"'~f,{'r,..", /:..I.,.r.':."'.... '," ' ......-. I: 2:; ~:; 72 :iCl71:o 50002785 :\11. ~o 27 ,''DODO :l20000," $.:: - " , . ~ . '. ['n1.1r, ,-* DAVID R LENKER II .124 HOGESiOWN AD ",eCHANICSaUPG "J. 17055 1049 6O-~Z:Sl2J'J ...... _.1.U'" I" -......~w.. I l.)~ . . ....4 .....; I P:l\..Oth~ .' ........ J. -". /" C'l'..:(r:r . J'" j" ,1(.,",/ ..' ; I ), / ___ I '. '.,,__.,-/ -f. ,~tz..~.t Ik..' I.,....~.;-., ---- ,.,- .... I'~./~ ....~ ,oJ.' 'w' c;"- ~tl6Bt\~~ tt.......IU~tnoMC. .., 1'1'IUI $.... -'., "') --y.? :..,....-".'.....~ Lt'il.u: ~ I , _: . Fer:' , ,,,,, L:\t./. "14C.-,.... I ,..:"",..:.,1 I: 2:l ':l 2:l8 71:0'50002785 :lll' /1/./~ - /~7~;~ ,{-.~:);/,. ~ .7' , ~O~9 t00002S0000~ -.....v.,;,.. sq~i:tr-IV'flb r -::;Jr ';(ti.0 : c/( /o<Z. h 1- ') (( &Ji=- 4tL c.- L '!-tv.. c..U'-^-' cc/ i I Ij (jf S/, c: 0 . (}6 (~'.;/~ kt::, d,<c(, ({ t1J,: u..5 ) ~O t~.,L(, C( ~ I/..?I.. L.z c<..!'''i. ---4.-t&(u:<-<:~.::( c( -t (CLt,,;\(.U,-f -;'./U'.5 -Je ~~<.-' LAA' OJ/( //~j .A~j Lt~~Vo/' CUu! 4J (I~ clc.t{; ~4t~;,y>>~ I ~ '/ 3 /~f-6 f) !f//'i/ u~ ?p-- (/ S;;~r.C.t.> /} /74 b _ ". f I~ . ,:.X\-\\1311 -- ~ .'''NoMUM PAYMENT O.lYS IN ~tL...,'~C OATi _"'ERAGE OAIL'f e....L....NC( ,.\CCOWNT NUMftE" CREDIT 1.IMIT :I' PAVMENT OuE CUE O"-Te CYCLE ~',II::".l.sn T ':HI1 .lOO,"C:. 4248 3700 1105 0385 500 I 175 20,00 04/01/98 28 03/07/98 0.00 I 0.00 , CAn OF REF:RENCE NUMBER CHARGES. PAYMENTS AND CAECITS SINCE LAST STATEMENT "MOUNT '~"'j\.1C"OI1 POUING 02/08 02/10 24810448040078989203157 ,SEARS ROEBUCK 2824 CAMP HI~~ PA 88,89 02/09 02/12 24301288041080410504854 ~OSS'S'MECHANICSBURG MECHANICSBURGPA 13.11 02/14 02/18 24301288048080480299259 VHOSS'S'MECHANICSBURG MECHANICSBURGPA r:;";~ 02/18 02/19 24399008048839028175417 ~CTORIAS '.~K UUUO~" CAMPHI~~ PA 02/18 02/19 24288578048208313875135 ~~.~ ~~~~E~'~~~ SHD CAMP HI~~ PA ~ 02/17 02/19 24455018048804981072817 CAMP HI~~ PA I 02/25 02/27 24455018058805781088348 .~I!TrlQllK'E .53,. SHO CAMP HI~~ PA 02/2B 02/29 24288578080208313875104 lc~p HIli ntNrR CAMP HI~~ PA ,~ 03/04 03/08 24455018084808580908892 YWE I S MARKET <53) SHO CAMP HI~~ PA ~ ---- I I I I , I , i I I I i -, AIJ A , II PAYME.NTS I CREOITS '4EW ilURCJo;,l.SCS FINANCE pqEVIOlJS ANN.':l.!'L PURCHASES CAS'" eAI....NCE C,l.5H ADVANCES CHARGE NEW 8AL.oI.NCE ; PERCENTAGE AOVANCES jT'I-4EFl e~ARCES RATES 15.99 15.99 I '~C'I~~l' ~I!~'CC'C 'J.~~S 1. 333 1. 333 0.00 0.00 0.00 324.73 0.00 324.73 H~RRIS SAVINGS SANK For questions concerning your account, please call 800-829-0483. For billing inquiries, please write to Customer Servtc., Harris Savtngs Bank. PO Box 171, Harrtsburg. PA 17108. To report a lost or stolen card, please call 800-828-0483 or 800-528-2273. VISA' VISA" ;.. ....,. 111 "I' ~".t' '1'-~"1.~:" 11:"." ,.....~l ""..' ,~:"." 11:".'" ,., "'.. ."",". .....".. :',.:",:;! :4~~::; l' ),':'IIU ....I~. ":."., ':."j '....1 'to h,'a ,;"', EXHIBI1 "u" ACCCUrotT NUM!I" CREDIT LIMIT PAYMENT OAYS IN CUE CATE CYCLE .'.J"CtoIUS 20.00 05/03/98 32 04/08/98 0.00 CHARGES, PAYMENTS ANO CREDITS SINCe LAST STATEMENT WEIS MARKET #53 SHD CAMP HILL PA PAYMENT - THANK YOU WEIS MARKET #53 SHD CAMP HILL PA GIANT FOOD # 110 CAMPHILL PA 0.00 AMOUNT -li7,83) ~ .248 3700 11050385 0.\1& OF '''',l,.,,lCTICJiIl 'OUIIIG 03/10 03/14 03/17 0./03 03/12 03/1. 03/19 04/05 500 315 REFERENCE NUMBER 24.55018070807181072538 ...888008801E 24455018077807881071484 24301728095088945531888 A . NEW PURCHASES FINANCE PREVIOUS A AL PIJRCHASES CASH BALANCE PAYMENTS CREDITS CASH ADVANces CHARGE NEW !o\LANCE PERCENTAGE "OVANCES OTHER CHARCES RATES 15.99 15,99 'jC'f~"l"' ~EIlICO!C ll,l~U 1,333 .. 1. 333 324.73 324.73 0.00 184.49 184.49 0,00 HARRIS SAVINGS BANK For questions concernIng your acceunt, please call 800-828-0483. Fer billing Inquiries, please write Ie CUstemer Service, Harris Savings 8ank, PO 8ex 171. Harrisburg, PA 17108. Te report. lest or stelen card, please call 800-828-0483 er 800-528-2273, VISA' :"! I.. ......If I'~' 'I' ~.'"'' """~"l" ~II 1": "." ' ltl.,'n letw.. 1'1.1.'." ~ I: '1.'11 I" ..'-" "'n"'" "'''''11''- : ~.1,'IC:: :~':'ilCiS:S I. ~v'e'"n .."I ,. .e~tt.OI .1'"1 ',"10'2 I" .....'It .,U, ACCOUNT NUMBER, CRECIT LIMIT MINIMUM P....f:O"E~T CAYS IN SlLL1Ne CArr ~AYMENT CUE CUE OATE C'tC1.E 'Ul'tC""$f.S 4248 3700 110~ 0385 500 282 20.00 08/01/98 29 05/07198 0.00 0.00 CJATE , REFERENCE NUMBER CHARGES, PAYMENTS AND CREDITS SINCE LAST STATEMENT AMOUNT ''''''i1~J.C:!O'W 'OU"G 04/11 04120 24288578110234310111935 8CH-CUM8ERLAND DIR WHI-re PLAINSNY 84.94 04/19 04/22 24301288111081110490892 HOSS'S-MECHANICSBURG MECHANICS8URGPA 12.73 04/22 04/22 444888008802N PAYMENT - THANK YOU 184,49CR 04/21 04/23 24488018112811281080851 WEIS MARKET #53 SHD CAMP HILL PA <JI8. 2!P 05/01 05/03 24435858123003122000002 GULLIFTYS CAMP HILL PA 27.00 05/03 OB/08 24200988128508489700087 PETE'S CAFE NEW CUM8ERLANPA 2~ O~/OB OB/07 24458018128812781082422 WEIS MARKET .,3 SHD CAMP HILL PA JUv AV A A PREVIOUS ~E'N PURCHASES FINANCE AN AL PURCHASES C,loSt-l 8AL"lNC! PAYMENTS CRECI rs C~SH ADVANCES CHARGE NEW B...L,lHCI PERCENTAGE -'CVANCeS OT~ER Ct-fAACE$ RATES 15,99 15.99 "'C"'ioL" ~!~ICOIC ~.l. ~ES "",332' . "1. 223 184.49 184.49 0,00 237.80 0,00 237.80 HARRIS SAVINGS BANK For questions concerning your account, please call 800-828-0482. For billIng lnqulrtes, please write to Customer Service. Harris Savings Bank. PO Box 171. HarriSburg. PA 17108. To report a lost or stolen card. please call 800-828-0483 or 800-528-2273. VISA' V1S~ .....-1 _. I .. ;.. .'~"tt 141 ." ,:..n.... '.I."'c."":" ~::11." "'1 fJ ,c'.... 1~.d.O"" !'l:'h'l' ,., ,,-., ...,"1"' "1'~1';. 1',,:,',(;: :....l.~::::5 ,11._:'11" ....1 ,. "t.'lIlf ..,.~ ......11 IH ..f':e I.:t' Accout-tr NUMeEfl CREOIT LIMIT MINIMUM PA'fI'w'1ENT OAYS IN PAVMENT Cl.:E CUE OA-TE C'(C1.E 20.00 07/02/96 31 06/07/96 0.00 CHARGES. PAYMENTS AND CREDITS SINCE LAST 5TATC.I.lENT WEtS MARKET '53 SHO CAMP HILL PA WEIS MARKET .53 SHO CAMP HILL PA PAYMENT - THANK YOU HOSS'S-MECHANICSBURG SEARS ROEBUCK 2624 WEIS MARKET .53 ~OY SHOPS 003 LOWE'S .405 C.lS.. .lO~.lf<4C~i 05/0B 05/11 06/17 05/18 05/25 05/2B 05/25 06/02 05/\0 05/\3 06/17 05/21 05/27 05/28 05/29 08/04 0385 500 94 REFERENCE NUMBER 244550\61296\3060921519 24455016132613361430835 444686008603H 24301286141081410542933 24810446\47076967523904 24455016\47614881010833 24266578'49335317000214 24266576156327708305330 SHO MECHANICSBURGPA CAMP HILL PA CAMP HILL PA CAMP HILL PA MECHANICBURG PA , OCR 43.89 ~ 4r.r.l 4246 3700 1105 tATE OF ~"A1'U.C~,O~ 'CST'''G A . AI . . A NEW PURCHASES FINANCE PREVIOUS ANN AL ::III,JP.CHA$E5 C..loSH BALANCE P....'MENT5 CAeOITS CASH ACVANCES CHARGE NEW !~L~NCE PERCENTAGE AOV.&NCES O~EA C).lAACES RATES \5.99 15,99 "t:'j."l' J~;/'::C,c: '.l.!S 1.333 1. 333 237,60 237.60 0.00 405.25 0.00 405.25 HARRIS S~VINGS BANK Fo~ questIons conce~ntng you~ account, please call 800-928-0483. Fo~ bIllIng Inqut~1es, please wrtte to Customer Service. Harris Savings Bank, PO Box 171. HarriSburg. PA 17108, To ~epo~t a lost o~ stolen ca~d, please call 900-928-0483 o~ 800-528-2273. VISA' '4 '., ~.... ".~~.;.. .. ;"'~." ',.,., .~.,.. ,::"'1 :1: :..': ,.: ..." 'I" ".._,' ,. : "..'.::: :4_"':::; ," 1.':"lItl. 1. .,....: ,I'; ... , , ' .. . ... ~, ,~. --.- - ._.-.. " " " , I ACCOUNT NUMeER CREDIT LIMIT I!51Ll..lNC CATE ~'.IIC~.HES ':.l~" .lOv.l'Ocn r- ! OK TE Of REFERENCE N\;M8ER CHARGES. PAYMENTS AND CREDITS SINCE LAST STATEMENT AMOUNT : 'lIl:.ttS,I,C.:,,"I "-:~T "14 ~ 01/01 07/09 24266576190327136333100 LOWE'S ~405 MECHANICBURG PA 6.16 01/11 07/13 24465016193619461023921 WEIS MARKET ~53 SHO CAMP HILL PA r-!l9.!r.U 01/12 07/15 24301286195061950551111 HOSS'S-MECHANICSBURG MECHANICSBURGPA ~,OO 01/13 01115 24266516196327141140429 LOWE'S ~405 MECHANICBURG PA 26.00 " 01/13 01115 24610446196016968477985 SEARS ROE6UCK 2624 CAMP HILL PA 71.34 1 07/18 07/18 444686008601~ PAYMENT - THANK YOU ~CR . 07/24 07/25 24455016206620760996911 WEIS MARKET ~53 SHO CAMP HI LL PA .51.41..) .Ii 07/25 07/21 24401406208099411024835 THE 60N TON ~31 CAMP HILL PA taa..n 07/25 07/27 24616146208944319242075 STEPHENSONS FLOWER-FTO ~SCAMP fllLL PA 45,58 01131 08/02 74616146214944319242130 STEPHENSONS FLOWERaCREOIT711-761-5990 PA 21 . 20CR A. .'.1'" I"'A ANNUAL PERCENTAGE I ALA I ..,,-.. PURCHASES .lCV.l~CiS 15,99 15.99 NEW ;1l...RCH,olSES CASH .a.OVANCiS OTJ.4ER C""ARCES ."4E'N 9,lo,LANCE FINANCE CHARGE PRE'JleUs BAL"NCE ;t~VME~TS CREOITS ...O:.....~. ,~~-c:-: ~..~:; 4 4 HARRIS SAVINGS BANK For GUesttons concerning your account, please call 800-828-0483, For bIlling Inqulrtes, please write to Customer Service, Harris Savings 8ank. PO 80x 171. Harrisburg, PA 11108. To report a lost or stolen card, please call 800-828-0483 or 800-528-2273. VISA VISA' .'" _ ... -....a l:t ".:,,... _".""1<~:" 1.':<1-" I"'-" I~'." 'H"." ~,~:1I.'" ,-t .,-., ""l"'-" ~..,....,..t.. ~'l':'''C:: :...lo"'':Ei I. 1._:-11" ....,,. <('''U ,1."1 '~"-'1 ,n ....... , I. VBRIPICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unsworn falsification to authorities. DATE: February 21, 1997 ~/ David R. Lenker, II v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 975 CIVIL ACTION - LAW r DAVID R. LENKER, II., Plaintiff VICKI L. KRABER, Defendant JURY TRIAL DEMANDED ANSWBR. NBW MATTBR AND COUNTBRCLAIMS AND NOW, Comes the Defendant, Vicki Kraber, by and through her attorneys, SCHMIDT AND RONCA, P.C., and respectfully sets forth as follows in response to Plaintiff's Complaint: 1. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and, therefore, this averment is denied. strict proof is demanded thereof prior to the time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. yt is admitted that at various times over the last few years, the Plaintiff and Defendant were dating and residing together. However, it is expressly denied that they were dating and residing together at all relative times related to this lawsuit. Strict proof of this averment is demanded from the Plaintiff prior to the time of trial. 5. Admitted. 1 6. Admitted in part and denied in part. It is admitted that the Plaintiff loaned the Defendant the sum of Three Thousand, Two Hundred Dollars ($3,200.00). However, it is expressly denied that the loan was made with the agreement that it would be repaid at any'time prior to the disposition of the Defendant's claim which arose out of the motor vehicle accident. Strict proof is demanded thereof prior to the time of trial. 7. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and demands strict proof thereof prior to the time of trial. By way of further answer, the document attached as Exhibit "A" is not the original document and is not the best evidence of any alleged agreements. Defendant demands the opportunity to review the original document. B. Admitted in part and denied in part. It is admitted that the plaintiff loaned the Defendant the sum of Two Thousand, Five Hundred Dollars ($2,500.00). However, it is expressly denied that the loan was made with the agreement that it would be repaid at any time prior to the disposition of the Defendant's claim which arose out of the motor vehicle accident, strict proof is demanded thereof prior to the time of trial. 9. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and demands strict proof thereof prior to the time of trial. By way of further answer, the document attached as Exhibit "A" is not the original document and 2 is not the best evidence of any alleged agreements. Defendant demands the opportunity to review the original document. 10. Admitted in part and denied in part. It is admitted that the Plaintiff loaned the Defendant the sum of One Thousand, six Hundred Dollars ($1,600.00). However, it is expressly denied that the loan was made with the agreement that it would be repaid at any time prior to the disposition of her claim which arose out of the motor vehicle accident. strict proof is demanded thereof prior to the time of trial. 11. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and demands strict proof thereof prior to the time of trial. By way of further answer, the document attached as Exhibit "A" is not the original document and is not the best evidence of any alleged agreements. Defendant demands the opportunity to review the original document. 12. Admitted in part and denied in part. It is admitted that the loans referenced in Paragraphs 6, 8, and 10 of the Plaintiff's Complaint were made by check to the Defendant and endorsed by the Defendant. However, it is expressly denied that there were other loans in this case and strict proof is demanded of any other loans prior to the time of trial. 13. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and strict proof is demanded prior to the time of trial. By way of further answer, 3 the Defendant specifically denies that the Plaintiff loaned the Defendant any monies for groceries. On the contrary, the Plaintiff purchased the groceries for consumption by both he and the Defendant. 14. After reasonable investigation, the Defendant is without knowledge or information SUfficient to form a belief as to the truth of this averment and strict proof is demanded thereof prior to the time of trial. 15. Admitted in part and denied in part. It is admitted that the Plaintiff's claims do not exceed the jurisdictional amount requiring arbitration. It is denied that all Defendant's counterclaims do not exceed the jurisdictional amount requiring compUlsory arbitration. Therefore, Defendant demands a jury trial of all issues. COUNT NO. I - BREACH OF CONTRACT 16. Paragraph 16 of Plaintiff's Complaint is not directed towards answering Defendant and no answer is required. 17. Admitted. By way of further answer, the agreements and promise to pay were on the condition that the payments would not be until the disposition of the Defendant's third party claim for the motor vehicle accident. 18. Denied. On the contrary, the Defendant, Vicki Kraber, has agreed to pay the Seven Thousand, Three Hundred Dollars ($7,300.00) owed to the Plaintiff at the time of 4 settlement of her third party claim. (See correspondence attached as Exhibit "A"). WHEREFORE, the Defendant, Vicki Kraber, demands judgment entered against the Plaintiff and respectfully requests that this Honorable Court award attorneys' fees and costs deemed necessary by responding to this lawsuit. COUNT NO.2 - BREACH OF ORAL AGREEMENT 19. Paragraph 19 of Plaintiff's Complaint is not direoted towards the answering Defendant and no answer is required. 20. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and strict proof is demanded thereof prior to the time of trial. By way of further answer, the Defendant specifically and expressly denies that she ever made any oral requests or promises to the Plaintiff for services and food goods. 21. After reasonable investigation, the Defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of this averment and strict proof is demanded thereof prior to the time of trial. By way of further answer, the Defendant specifically and expressly denies that the charges for said services and goods were reasonable and necessary 5 if they ever exist. Furthermore, the Defendant demands an itemized list of what goods and services were requested and purchased for Eight Hundred Thirty-Three Dollars and Ninety-Two Cents ($833.92). 22. Denied. It is expressly denied that there has been a proper request and demand by the Plaintiff for payment or reimbursement. Furthermore, it is expressly denied that any monies are owed to the Plaintiff for services and food goods as there was never any request for such items, or an agreement or implied promise to pay. 23. Pdragraph 23 of Plaintiff's Complaint is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant specifically denies the averments in Paragraph 23 of Plaintiff's Complaint and demands strict proof thereof prior to the time of trial. WHEREFORE, the Defendant demands judgment against the Plaintiff and respectfully requests that this Honorable Court award attorneys' fees and costs incurred by the result of the filing of responding to this lawsuit. COUNT 3 - UNJUST ENRICHMENT 24. Paragraph 24 is not directed towards answering Defendant and no answer is required. 6 25. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment and demands strict proof thereof prior to the time of trial. By way of further answer, the Defendant received a loan of Seven Thousand, Three Hundred Dollars ($7,300.00). The Defendant has agreed to pay the loan to the Plaintiff at the time her third party claim is settled. However, any other services or goods referenced thereof have never been agreed to and are disputed. Defendant demands strict proof of these goods and services and requests thereof prior to the time of trial. 26. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment and demands strict proof thereof prior to the time of trial. By way of further answer, the Defendant received a loan of Seven Thousand, Three Hundred Dollars ($7,300.00). The Defendant has agreed to pay the loan to the Plaintiff at the time her third claim is settled. However, any other services or goods referenced thereof have never been agreed to and are disputed and Defendant demands strict proof of these goods and services and requests thereof prior to the time of trial. 27. Paragraph 27 of Plaintiff's Complaint is a conclusion of law to which no responsive pleading is required, By way of further answer, if a responsive pleading is deemed required, after reasonable investigation, the answering Defendant 7 is without sufficient knowledge or information to form a belief as to the truth of this averment and demands strict proof thereof prior to the tim~ of trial. By way of further answer, the Defendant received a loan of Seven Thousand, Three Hundred Dollars ($7,300.00) for living expenses. The Defendant has agreed to pay the loan to the Plaintiff at the time her third party claim is settled. However, any other services or goods referenced thereof have never been agreed to and are disputed and Defendant demands strict proof of these goods and services and requests thereof prior to the time of trial. WHEREFORE, the Defendant demands judgment against the Plaintiff and respectfully requests that this Honorable Court award attorneys' fees and costs incurred by the result of the filing of responding to this lawsuit, COUNT 4 - QUANTUM MERIT 28. Paragraph 28 of Plaintiff's Complaint is not directed towards answering Defendant and no answer is required. 29. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment and demands strict proof thereof prior to the time of trial. By way of further answer, the Defendant received a loan of Seven Thousand, Three Hundred Dollars ($7,300.00). The Defendant has agreed to pay the 8 loan to the Plaintiff at the time her third party claim is settled. However, any other services or goods referenced thereof have never been agreed to and are disputed and Defendant demands strict proof of these goods and services and requests thereof prior to the time of trial. 30. Paragraph 30 of Plaintiff's Complaint is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, after reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment and demands strict proof thereof prior to the time of trial. By way of further answer, the Defendant received a loan of Seven Thousand, Three Hundred Dollars ($7,300.00). The Defendant has agreed to pay the loan to the Plaintiff at the time her third party claim is settled. However, any other services or goods referenced thereof have never been agreed to and are disputed and Defendant demands strict proof of these goods and services and requests thereof prior to the time of trial. WHEREFORE, the Defendant demands judgment against the Plaintiff and respectfully requests that this Honorable Court award attorneys' fees and costs incurred by the result of the filing of responding to this lawsuit. 9 NEW MATTER Defendant, by and through her attorneys, SCHMIDT AND RONCA, P.C., respectfully asserts New Matter against the Plaintiff as follows: 31. Paragraphs 1 through 30 of the Defendant's Answer are hereby incorporated by reference and made a part thereof as set forth in full. 32. Plaintiff's claims must be dismissed because of accord and satisfaction. 33. Plaintiff's claims must be dismissed because the Defendant has already agreed to pay the loan of Seven Thousand, Three Hundred Dollars ($7,300.00), upon settlement of her auto accident claim, which renders the claim moot. 34. Plaintiff's claims are barred by estoppel. 35. Plaintiff's claims are barred by failure of consideration. 36. Plaintiff's claims are barred by justification. 37. Plaintiff's claims are barred by settlement. 38. Plaintiff's claims are barred by release. 39. Plaintiff's claims are barred by waiver. 40. Plaintiff's claims are barred by assumption of the risk. 41. Plaintiff's claims are barred by comparative negligence. 10 42. Plaintiff's claims are barred by contributory negligence. 43. Plaintiff's claims are barred because any agreements, whether express or oral, were made under duress. 44. Plaintiff's claims are barred because any agreements, made either expressly or orally, were made by undue influence. 45. Plaintiff's claims are barred because of misrepresentation. 46. Plaintiff's claims are barred because of mistake. 47. Plaintiff's claims for any monies allegedly owed by oral promises are without merit because a lack of the meeting of the minds. 48. Plaintiff's claims are barred because they were gifts. 49. Plaintiff's claims are barred because there was no offer. 50. Plaintiff's claims are barred because there was no consideration. 51. Plaintiff's claims are barred because there was no mutual assent. 52. Plaintiff's claims are barred because there was no acceptance. 53. Plaintiff's claims are barred because there was no bargain for exchange. 11 54. Plaintiff's claims are barred because there was no , r promise to pay. 55. Plaintiff's claims are barred because of mutual 56. Plaintiff's claims are barred because of I I I mistake, unilateral mistake. 57. Plaintiff's claims are barred because there was no written agreement. 58. Plaintiff's claims are barred because there was no agreement. WHEREFORE, Defendant respectfully requests that the Court enter judgment in her favor and against the Plaintiff and also assess attorneys' fees and costs. COUNTERCLAIMS Defendant (hereinafter referred to as "Defendant/Plaintiff"), by and through her attorneys, SCHMIDT AND RONCA, P.C., respectfully asserts the following Counterclaims against the Plaintiff (hereinafter referred to as "Plaintiff/Defendant") as follows: 12 COUNTERCLAIM 1 BRBACH OP ORAL AGREEMENT KRABER v. LENKER 59. Paragraphs 1 through 58 of the Defendant's/Plaintiff's Answer and New Matter are hereby incorporated by reference and made a part thereof as set forth in full. 60. During the time that the Plaintiff/Defendant and Defendant/Plaintiff were residing together, the Defendant/Plaintiff provided services and goods of Five Hundred Forty-Two Dollars and Ninety-Three Cents ($542.93) for food and flowers on behalf of the Plaintiff/Defendant pursuant to oral requests and promises made by the Plaintiff/Defendant. 61, Despite repeated requests, the Plaintiff/Defendant has refused to reimburse the Defendant/Plaintiff for these goods and services. 62. The Defendant/Plaintiff respectfully requests the reimbursement of Five Hundred Forty-Two Dollars and Ninety-Three Cents ($542.93) for the goods and services provided by her to benefit the Plaintiff/Defendant. 63. The above mentioned goods and services were provided for the exclusive benefit of the Plaintiff/Defendant. 13 WHEREFORE, Defendant/Plaintiff respectfully requests that this Honorable Court issue an Order in her favor directing the Plaintiff to pay Five Hundred Forty-Two Dollars and Ninety- Three Cents ($542.93) plus attorneys' fees and costs. COUNTERCLAIM 2 UNJUST ENRICHMENT KRABER v. LENKER 64. Paragraphs I through 64 of the Defendant's/Plaintiff's Answer, New Matter and Counterclaims are hereby incorporated by reference and made a part thereof as Bet forth in full. 65. Plaintiff/Defendant obtained services and goods of Defendant/Plaintiff as set forth herein. 66. Defendant/Plaintiff, upon promises, fully and adequately purchased and provided goods and services as requested by the Plaintiff/Defendant to assist him with daily living expenses and to pay some expenses for his grandmother's funeral. 67. As a direct and proximate result of Plaintiff's/Defendant's refusal to pay Defendant/Plaintiff the reasonable value of her goods and services from which the Plaintiff/Defendant benefitted, the Plaintiff/Defendant has been unjustly enriched the sum of Five Hundred Forty-Two Dollars and Ninety-Three Cents ($542.93). 68. The above mentioned goods and services were provided for the exclusive benefit of the Plaintiff/Defendant, 14 WHEREFORE, Defendant/Plaintiff respectfully requests that this Honorable Court issue an Order in her favor directing the Plaintiff to pay Five Hundred Forty-Two Dollars and Ninety- Three Cents ($542.93) plus attorneys' fees and costs. COUNTERCLAIM 3 OUANTUM MERIT KRABER v. LENKER 69. Paragraphs 1 through 68 of the Defendant's/Plaintiff's Answer, New Matter and Counterclaims are hereby incorporated by reference and made a part thereof as set forth in full. 70. Plaintiff/Defendant, upon representation that he would repay such amounts, obtained services and goods of the Defendant/Plaintiff as set forth herein. 71. Defendant/Plaintiff, upon promises, fully and adequately purchased and provided goods and services as requested by the Plaintiff/Defendant to assist him with daily living expenses and to pay some expenses for his grandmother'd funeral. 72. As a direct and proximate result of Plaintiff's/Defendant's refusal to pay Defendant/Plaintiff the fair and reasonable value of her goods and services from which the Plaintiff/Defendant benefitted the sum of Five Hundred Forty- Two Dollars and Ninety-Three Cents ($542.93). 73. The above mentioned goods and services were provided for the exclusive benefit of the Plaintiff/Defendant. 15 WHEREFORE, Defendant/Plaintiff respectfully requests that this Honorable Court issue an Order in her favor directing the Plaintiff to pay Five Hundred Forty-Two Dollars and Ninety- Three Cents ($542.93) plus attorneys' fees and costs. COUNTBRCLAIM 4 STALRING RRABBR v. LENRER 74. Paragraphs 1 through 73 of the Defendant's/Plaintiff's Answer, New Matter and Counterclaims are hereby incorporated by reference and made a part thereof as set forth in full. 75. Since the Plaintiff/Defendant and Defendant/Plaintiff stopped residing together, the Plaintiff/Defendant has engaged in a course of conduct and/or repeatedly has committed acts towards the Defendant/plaintiff under circumstances set forth below which demonstrate the following: (a) an intent to place the Defendant/Plaintiff in reasonable fear of bodily injury; or (b) an intent to cause substantial emotional distress to the Defendant/Plaintiff. 76. Defendant/Plaintiff believes and avers that on several occasions since the parties ceased relations the Plaintiff/Defendant has on more than one occasion: 16 (a) left disturbing messages on the Defendant's/Plaintiff's answering machine; (b) telephoned the Defendant/Plaintiff at home and/or work and blew kisses into the phone; (c) sent flowers and other various items to the Defendant's/Plaintiff's place of employment; (d) driven by the Defendant's/Plaintiff's home to view the Defendant. 77. As a direct and proximate result of Plaintiff's/Defendant's stalking, the Defendant/Plaintiff now leads her life in fear of bodily injury and under emotional distress. 78. As a direct and proximate result of Plaintiff'a/Defendant's stalking, the Defendant/Plaintiff has suffered emotional distress, including great mental strain, that she is frightened to stay at her home, stays at other residences when possible, and is moving to a new residence. 79. Plaintiff/Defendant knew, or should have known, his conduct set forth above involved a high degree of probability that substantial distress or harm would result to the Defendant/Plaintiff. 80. Despite the knowledge set forth above the Plaintiff/Defendant knowingly stalked the Defendant/Plaintiff, 81. Plaintiff's/Defendant's actions, conduct, and negligence set forth above display a wanton and reckless 17 ~ I::) .... ("", ~..: t i.'; ~$ I I.. ~ : :r.: CI~ C>- .- j:O' (,,-:j ~..: N ." ">" :..u) ., I ',:;.- "- ,"'7 ~l'l a:: ~d~ -, c... I" .. .... '''',: ~ r- S (1\ u vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID R. LENKER, II, Plaintiff VICKI L. KRABER, Defendant 97 - 975 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Vicki L. Kraber, and Scott B. Cooper, Esquire SCHMIDT AND RONCA, P.C. 209 State Street Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed Preliminary Objections to the Counterclaims within twenty (20) days from service hereof or a judgment may be entered against you. Andrew C. Sheely, BOGAR AND SHEELY I.D. No. 62469 1 West Main Street Shiremanstown, PA 17011 717-737-8761 DATE~ April 18, 1997 Counsel for Plaintiff, David R. Lenker, II 5. Counterclaim 4 of Defendant Vicki L. Kraber1s pleading seeks relief in the nature of a claim for emotional distress and punitive damages. I. DEMURRER PURSUANT TO Pa.R.C.p. 10281bl141 6. The allegations of paragraphs 1 - 5 are incorporated herein by reference. 7. Counterclaim 4 of Vicki L. Kraber's pleading fails to state facts constituting a cause of action against David R. Lenker, II, in that the alleged facts do not aver any recog- nizable cause of action against David R. Lenker, II. B. Counterclaim 4 of Vicki L. Kraber's pleading fails to state facts constituting a cause of action against David R. Lenker, II, in that the alleged facts fail to set forth any actual wrongdoing by David R. Lenker, II. 9. Counterclaim 4 of Vicki L. Kraber's pleading fails to state facts constituting a cause of action against David R. Lenker, II, in that the alleged facts fail to set forth any actual outrageous conduct or actions by David R. Lenker, II. 10. Counterclaim 4 of Vicki L. Kraber's pleading fails to state facts constituting a cause of action against David R. Lenker, II, in that the alleged facts fail to set forth any direct harm or injury inflicted upon Vicki L. Kraber by David R. Lenker, II. 2 11. Vicki L. Kraber's claim for punitive damages fails to set forth facts which would support a cognizable action or claim, " " either directly or by inference, for punitive damages. I! , " WHEREFORE, David R. Lenker, II, Plaintiff in the underlying ,I I action and Defendant as to Counterclaim 4, respectfully requests that this Honorable Court dismiss the Counterclaim 4, including the claim for punitive damages, with prejudice, and to award to him costs and reasonable attorney's fees. II: MOTION FOR MORE SPECIFIC PLEADING Pa.R.C.P. 1028lbl131 12. Paragraphs 1 through and including 11 are incorporated herein by reference as if set forth at length. 13. counterclaim 4 of Vicki L. Kraber's pleading fails to set forth specific facts which would enable David R. Lenker, II, to frame a proper answer and defense. 14. counterclaim 4 of Vicki L. Kraber's pleading fails to set forth specific facts, including dates, times, places and occurrences which would support any cognizable cause of action (if such exists) so as to allow David R. Lenker, II, to frame a proper answer and defense. 15. Counterclaim 4 of Vicki L. Kraber's pleading consists of conclusions of law and fails to allege specific facts which apprise David R. Lenker, II, of the basis for liability as claimed in the Complaint. 3 >: Lt' D. -" ., .' .. ,( ," '~1 lll. Ur , . " fe. ',. j y~ ''Cl .~ [i, , ~, I .j l.. :1. (- ., lO- r- 1 0 c:- 'Ol XL PLaINTlrr'S REPLY TO DEMURRER PURSUANT TO Pa,R.C.p. 1028 (bl 1Jl 6. Paragraph 6 of Plaintiff's Preliminary Objections is not directed towards answering Defendant and, therefore, no responsive answer is required. 7. Paragraph 7 of Plaintiff's Preliminary Objections is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant specifically denies that the Counterclaim fails to state facts that constitute a cause of action. On the contrary, the Defendant has specifically plead specific instances, displaying a course of conduct which SUfficiently set forth a cause of action against the Plaintiff for stalking. 8. Paragraph 8 of Plaintiff's Preliminary Objections is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant specifically denies that the Counterclaim fails to state facts that constitute a cause of action. On the contrary, the Defendant has specifically plead specific instances, displaying a course of conduct which SUfficiently set forth actual wrongdoing by the Plaintiff. 9. Paragraph 9 of Plaintiff's Preliminary Objections is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant specifically denies that the Counterclaim fails to state facts that constitute a cause of action. On the contrary, the Defendant has specifically plead specific instances, displaying a course of conduct which sufficiently set forth actual outrageous conduct or actions by the Plaintiff. 10. Paragraph 10 of Plaintiff's preliminary objections is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant specifically denies that the Counterclaim fails to state facts that constitute a cause of action. On the contrary, the Defendant has specifically plead specific instances, displaying a course of conduct which sufficiently set forth direct harm or injury inflicted upon the Defendant by the Plaintiff. 11. Paragraph 11 of Plaintiff's Preliminary objection is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant specifically denies that her counterclaim fails to set forth facts which would support an action or claim, either directly or by inference, for punitive damages. WHEREFORE, the Defendant, vicki L. Kraber, respectfully requests that this Honorable Court dismiss the Plaintiff's Preliminary Objection to Counterclaim No. 4 and award her attorneys' fees and costs for responding to Plaintiff's Preliminary Objection. IlL PLAINTIrr'S REPLY TO MOTION FOR MORE SPBCIFIC PLBADING Pa.R.C.P. 10281bl131 12. Paragraph 12 of Plaintiff's Preliminary Objection is not directed towards answering Defendant and, therefore, no responsive answer is required. 13. Paragraph 13 of Plaintiff's Preliminary Objection is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant believes and avers that she has set forth specific facts which would enable the Plaintiff to prepare a proper answer and defense. The Defendant has specifically alleged instances where on more than one (1) occasion, the Plaintiff acted in a course of conduct which has led Defendant to fear bodily injury and emotional distress and would, thus, constitute stalking. 14. Paragraph 14 of Plaintiff's Preliminary Objection is a conclusion of law to which no responsive pleading is required. By way of further answer, if n responsive pleading is deemed required, the Defendant believes and avers that she has set forth specific facts which would enable the Plaintiff to prepare a proper answer and defense. The Defendant has specifically alleged instances where on more than one (1) occasion, the Plaintiff acted in a course of conduct which has led Defendant to fear bodily injury and emotional distress and would, thus, constitute stalking. 15. Paragraph 15 of Plaintiff's Preliminary Objection is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant believes and avers that she has set forth specific facts which would enable the Plaintiff to prepare a proper answer and defense. The Defendant has specifically alleged instances where on more than one (1) occasion, the Plaintiff acted in a course of conduct which has led Defendant to fear bodily injury and emotional distress and would, thus, constitute stalking. 16. Paragraph 16 of Plaintiff's Preliminary Objections is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the Defendant specifically denies that her counterclaims fail to allege sufficient facts to apprise the Plaintiff of what facts she is relying upon in demanding for punitive damages. WHEREFORE, the Defendant, Vicki L. Kraber, respectfully requests that this Honorable Court dismiss Plaintiff's Preliminary Objection to Counterclaim No. 4 and award her attorneys' fees and costs for responding to Plaintiff's Preliminary Objection. lIXL DBFBNDANT'S REPLY TO LACK OF CONFORMITY TO LAW OR RULB OF COURT PURSUANT TO Pa.R.C.P. 1028/b) (2) 17. Paragraph 17 is not directed towards answering Defendant and, therefore, no responsive answer is required. ~ERI~~TION BASED UPON PERSONAL KNOWLE Q NrORMATION SUPPLIED BY COUNSEL I, Vioki L. Kraber, verify that I am the Defendant/Plaintiff in the foregoing action and that the attached Defendant's Reply to preliminary objections of Plaintiff to Counterclaim of Defendant is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Defendant's Reply to preliminary Objections of plaintiff to Counterclaim of Defendant is that of counsel and is not mine. I have read the Defendant's Reply to Preliminary Objections of Plaintiff to Counterclaim of Defendant, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Defendant's Reply to preliminary Objections of plaintiff to counterclaim of Defendant are that of counsel, I have relied upon counsel in making this verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsifications made to authorities. -~ -- ~ 0 - f:; /- ~ ..:t :-?~ ~t:: :E: nj:?; , .".; ~ 0- ,...~ F, .. . , In '. tI2 ',)7- I . I !'':Z ~Ii ,... ..J~ o<t ..J j::.:. :a: :?i ~ r- :::J C7\ U or i9i "C;J v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97 - 975 : CIVIL ACTION - LAW JURY TRIAL DEMANDED DAVID R. LENKER, II., plaintiff/ Defendant VICKI L. KRABER, Defendant/ plaintiff 9ERTIFIC~TB OF BERVICB AND NOW, this 1)")00 day of .l1 CA.~ hereby certify , 1997, I, scott B. cooper, Esquire, that I have this day served a true and correct copy of the foregoing Defendant's Interrogatories Addressed to plaintiff, Set I, by depositing the same in the United states Mail, postage prepaid, at Harrisburg, pennsylvania, addressed to: Andrew C. Sheely, ESquire BOGAR AND SHEELY One West Main street Shiremanstown, PA 17011 SCHMIDT AND RONCA, P.C. By: /~ ;/ ht/ scott B. Cooper Attorney at LaW 209 state street Harrisburg, PA 17101 Attorney I.D. #70242 (717) 232-6300 Attorney for the Defendant/Plaintiff '- N 1;; N .- M :J<: :='2 ~~: :c ,) ,:1: u.. ~ :;:. .:.;:.~ gk u:l I .'1; >- ~~il o:\L: '"'" r u.. ~, x; a t5 ~ OY1s,nu./ DAVID R. LENKER, II., plaintiff/ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 975 CIVIL ACTION - LAW v. VICKI L. KRABER, Defendant/ plaintiff JURY TRIAL DEMANDED CBRTIrICATB or SBRVICB AND NOW, this 5~\-l day of ~ f}.,~ , 1997, I, Scott B. Cooper, Esquire, hereby certify that I have this day served a true and corrAct copy of the foregoing Request for Production of Documents of Defendant to plaintiff, Set I, by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Andrew C. Sheely, Esquire BOGAR AND SHEELY One West Main street Shiremanstown, PA 17011 SCHMIDT AND RONCA, p.e. By: Aq[~ Scott B. cooper Attorney at Law 209 State Street Harrisburg, PA 17101 Attorney I.D. #70242 (717) 232-6300 Attorney for the Defendant/Plaintiff fi; '" r.: N .r t en ::?<c I.),Z () ,.= '.')..j' -,: ?= c.. .")5= ., '-' '" ::,'W ". I -:1-" "- .S~ ~ ~ :.' l ... ,00.. X ":; ~ t;; 13 "I, , If I, / P .. ' ;11 DAVID R. LENKER, II., Plaintiff/ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 97 - 975 : CIVIL ACTION - LAW VICKI L. KRABER, Defendant/ Plaintiff . . : JURY TRIAL DEMANDED AHD HOlf, this J;~'" SHOlf CAUSB day of cause 1997, a Rule is hereby directed upon the why the Court should not enter an Order directing the Cumberland County prothonotary's Office to open an account allowing the Defendant to deposit the amount of Seven Thousand, Three Hundred Dollars ($7,300.00) until the above-captioned case has reached a disposition. RULE RETURNABLE i ... (~ days from date of service thereof. BY ORDER OF THE COURT: J. DAVID R. LENKER, II., Plaintiff/ Defendant v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 975 CIVIL ACTION - LAW VICKI L. KRABER, Defendant/ Plaintiff JURY TRIAL DEMANDED DB.BNDANT'8 PBTITION .OR A COURT ORDBR ALLOWING THB PROTHONOTARY TO ACT AS RECEIVERSHIP AND NOW comes the Defendant/Plaintiff, vicki L. Kraber, by and through her attorneys, SCHMIDT AND RONCA, P.C., and respectfully sets forth as follows in support of a Motion for the Court to Order the Prothonotary to set-up a special receivership in accordance with Pennsylvania Rule of Civil Procedure 1533. 1. On or about February 25, 1997, Plaintiff filed a Complaint in the above matter against the Defendant, alleging a breach of contract on several alleged loans made by the Plaintiff to the Defendant. 2. The Defendant, Vicki L. Kraber, admits that there was a loan of Seven Thousand, Three Hundred Dollars ($7,300.00) made to her in three (3) separate installments that was to be repaid at the time a personal injury case settled. 3. The Defendant specifically denies that there were any other loans made to her by the Plaintiff or that she owes any other monies to the Plaintiff. 1 4. The Defendant has filed an Answer specifically denying that any other monies are owed and also has filed Counterclaims against the Plaintiff. 5. The Defendant does not dispute that she owes Seven Thousand, Three Hundred Dollars ($7,300.00) to the Plaintiff. 6. On or about Ap~il 1, 1997, the Defendant settled her personal injury case and received a settlement draft. 7. On or about April 14, 1997, Defendant's counsel forwarded to Plaintiff's counsel, a check in the amount of Seven Thousand, Three Hundred Dollars ($7,300.00), to serve as the reimbursement for the monies which are undisputed in this case. (See correspondence and check attached as Exhibit "A"). 8. On or about April 18, 1997, Plaintiff's counsel returned the check to Defendant's counsel, requesting that they post funds with the Court of Common Pleas of Cumberland County. (See correspondence of April 18, 1997, attached as Exhibit "B"). 9. On or about April 21, 1997, Defendant's counsel again requested that Plaintiff's counsel accept the payment of Seven ~housand, Three Hundred Dollars ($7,300.00) with the Stipulation and agreement that by accepting the monies, the Defendant would not claim that the Plaintiff was making a waiver of any other claims he is seeking against the Defendant in this case, nor would the Defendant be waiving any claims she is making towards the Plaintiff. To date, Defendant's counsel has not received a reply from the Plaintiff's counsel to the April 21, 2 Schmidt and Ronca PC 209 State Street H.urlsburg. 'ennsylv~1A 11 101 717/232-6300 Fu 717/232-6467 Attorneys ~d Counselors ~t Law April 21, 1997 Andrew C. Sheely, Esquire One West Main Street Shiremanstown, PA 17011 Re: Lenkar v. Kraber Dear Mr. Sheely: I received your letter of April 18, 1997. By sending the Seven Thousand, Three Hundred Dollar check ($7,300.00) to you, I was only paying off the amount of monies we do not dispute are owed. I would appreciate it if you would please accept the check and give it to your client as reflected by their written agreement. By accepting these monies, I assure you that I will not claim that this constitutes a waiver of any other claims being made by your client or are accepting the check as a full and final release of all claims. However, if you are not Willing to accept the check, I will post the funds with the Court of Common Pleas of cumberland County. Unless I receive word to the contrary within seven (7) days, I will post the monies. The only reason I copied your client was that under the law I believe I have a requirement to copy all persons whom monies are being sent to their attorneys as partial or full payment of settlements. I will be forwarding to you our First Set of Requests for PrOduction of Documents and Interrogatories shortly. Very truly yours, SCBIlIDT AIm ROHCA, P.C. /d ~v/ Scott B. Cooper Attorney at Law SBC/jmm ~ C\J '>- N !:; c;, :s~ r 'J~ ~ :c ' ->~e a.. ,:)~ . Cj \0 sfJ I n. ~~ Q. I . ~~ >- ~ ~ d{~ . u.. r- ~ 0 cr- t) '>- C> 1-.: a: N .-t .. \. UIC~ -' .' qi ,- ': - Ii. " ~.- ':_j '" '- C(" I r- ./! (.)L. ('; , \.1.11. I~U ~., :-; u: ~.~. .. ~ :j.., " .. ,~ ", r- ,j u cr '.,) \ ~ " ., yo vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID R. LENKER, II, Plaintiff/, Defendant VICKI L. KRABER, Defendant/, Plaintiff 97 - 975 JURY TRIAL DEMANDED PRAECIPB TO SBTTLE AND DISCONTINUB. WITH PREJUDICE To the Prothonotary, Lawrence E. Welker Cumberland County Courthouse Carlisle, PA 17013 Dear Prothonotary: On behalf of David R. Lenker, II, Plaintiff/Defendant, and Vicki L. Kraber, Defendant/Plaintiff, in the above-captioned matters, kindly mark the Complaint filed by Plaintiff/Defendant and Counterclaims filed by Defendant/Plaintiff to the above-captioned matter, settled and discontinued, with prejudice. /ijW0(X Andrew C. Sheel Attorney for Da BOGAR & SHEELY 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 II :t~~ Scott B. Cooper, Esquire Attorney for Vicki L. Kraber SCHMIDT AND RONCA, P.C. 209 state street Harrisburg, PA 17101 (717) 232-6300 Date:j~~ If , 1997 Date: Jv:/)t .::z , 1997 ~ w "- Ii: b 7- 9- ;~f ~.c ::: -(', ;J:;t <: "l::"j C!;L r- . ) ~.;...,. LUll ,--... , -', 0: .:".1(0 C' ' " ..~ 'll(L F ~ ~~j IJ. C'\ 0 a, U , ~