The URL can be used to link to this page

Home My WebLink About02-5884 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Robert Gardner : Plaintiff : No. 0.~-- : vs. : Civil Action : Cheri Stone : Defendant : 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 WRI1-FEN APPEARANCE PERSONALLY OR BY A1-FORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OB]ECl'IONS 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 ANY OTHER CLAIM FOR 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 LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 or (717)-249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA Robert Gardner, Plaintiff : No. 0;2- - .5- tt'f vs. Cheri Stone, Defendant C.~Mf'c.i"t ..... AND NOW, comes the Plaintiff, Robert Gardner, by and through his Attorney, H. Anthony Adams, and sets forth the following: 1. Plaintiff is Robert Gardner, an adult individual, who resides at 1058 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Cheri Stone, an adult individual who resides at 302 Potato Road, Carlisle, Cumberland County, Pennsylvania. 3. Planitiff and Defendant were paramours and resided together until the late summer or early fall of 2002. 4. About 6 or 7 years ago Plaintiff was seriously and permanently injured in a work related accident and received a substantial financial compensation payment being approximately $200,000.00. 5. Plaintiff solely with his funds and without contribution from Defendant purchased: a. Lands in Lower Frankford Township, Cumberland County as per deed at deed Book 228 at page 1020 b. Lands in Upper Frankford Township, Cumberland County as per Deed Book 230 page 966 c. Various Construction Equipment being a backhoe, bulldozer, bobcat, dump truck and equipment trailers d. 1991 Chevy/Pace Arrow Motor Home e. Bank account at Mellon Bank 6. Some of the items were placed in trust with Cheri Stone either by title or deed. 7. During the course of the relationship, Robert Gardner advanced to Cheri Stone the amount of $23,980.00 which has not been returned to the Plaintiff 8. At all times relevant hereto the Defendant has occupied a confidential relationship with the Plaintiff who due to his weakened ability has relied upon her advice and counsel. 9. The Defendant has given notice that she intends to secure the property for herself and her sole benefit. 10. The property should be the sole property of the Plaintiff without any interest being given to the Defendant. Wherefore Plaintiff prays your Honorable Court enter an order imposing a constructive trust upon the property set forth together with a monetary judgment in the amount of $23,980.00 together with legal fees and costs of court. Respectfully H. Ahtl~ms Attorney for Plaintiff 49 West Orange Street Shippensburg, Pa. 17257 Supreme Court ID # 25502 VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: //-8- Q 2 ~/}I(Wj ~ Arc/ o ~~ ~ ~ --- c:f 0.l ---.... t ~ \..J ~.J ~ ..J'o' \--- '\ ~ CJ' ~. ~ C) ?-,; I ~, , , rr', " C. , i.:':';', - !"':: , < ',., < . ._'~ ).~ - - .. ",'.-. :.n -'. -< ( v -, ROBERT GARDNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CHERI STONE, CIVIL ACTION - LAW NO. 02-5884 Defendant ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Cheri Stone, and makes Answer to Plaintiffs Complaint as follows: 1. Admitted. 2. Denied. By way of further answer, Defendant is more commonly known as Cheri Stone-Gardner and resides at 303 Potato Road, Carlisle, Cumberland County, Pennsylvania. 3. Denied. 4. Admitted. 5. Denied. 6. Denied. 7. Denied. 8. This averments contains a conclusion of law to which no response is required. To the extent that a response is required, the averments of Paragraph 8 are denied. 9. Denied. 10. Denied. WHEREFORE, Defendant, Cheri Stone, respectfully requests this Honorable Court to enter judgment in favor of Defendant and against Plaintiff. Document #247428 NEW MATTER 11. The responses contained in Paragraphs 1-10 are incorporated herein as if set forth in full. 12. Plaintiff and Defendant resided together as husband and wife. 13. Plaintiff and Defendant spoke words to each other indicating an intention to be husband and wife. 14. The words referred to in Paragraph 12 were spoken in the present tense. 15. Plaintiff and Defendant held each other out to the community as husband and wife. 16. Plaintiff and Defendant are common law husband and wife. 17. Defendant has a marital interest in all real property mentioned in Plaintiff s Complaint. WHEREFORE, Defendant, Cheri Stone, respectfully requests this Honorable Court to enter judgment in favor of Defendant and against Plaintiff. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. QY~d ~ -- By: David H. Martineau, Esquire PA Court I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Date: 0~~ Attorneys for Dt:fendant Document #247428 -2- VERIFICATION I, David H. Martineau, Esquire, attorney for Defendant, hereby certify that the facts set forth in the within Answer with New Matter are true and corre(:t to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authoritit~s. In making this verification, I have relied upon the factual assertions of my client, Cheri Stone-Gardner. .E-2//4 David H. Martim::au ~ Date: I/f~~ Document #247428 CERTIFICATE OF SERVICE AND NOW, this ~day of January, 2003, I, David H. Martineau, of Metzger, Wickersham, Knauss & Erb, P.C, attorneys for Defendant, hereby certify that I served the foregoing Answer to Complaint this day by depositing the same in the Unit,ed States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: H. Anthony Adams, Esquire 49 West Orange Street Shippensburg,PA 17257 127-//~-/ David H. Martineau, Esquire By: Document #247428 -5- ~ (') 0 () c: v.J ''1''1 _"7':::* ~~,. L- ""00' }'::a n1!'"l' :1: 'T1 -:7 --I f~: ""'----' Z. ,- el] i;" (~ ........ .' , r"' 1...) C' :.<. ~,~ )> (~,.! .--.- :2': (=~) () > c: N 1"11 ~ r:- -.... .\7 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARDNER ROBERT VS STONE CHERI STEVE WHISTLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STONE CHERI the DEFENDANT , at 1841:00 HOURS, on the 16th day of December, 2002 at 302 POTATO ROAD CARLISLE, PA 17013 by handing to CHERI STONE GARDNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.52 .00 10.00 .00 33.52 ,r-' _ ...-r~../..",", ;1'P'~ >0;";; " R. Thomas Kline -' .-/' ...,..-;.. ,,;//;:.-.r. . .,/':~~""~' Sworn and Subscribed to before 12/17/2002 H ANTHONY ADAMS BB . '~ y:' o",JA..J fA) , ".~ Deputy Sneriff me this :3............ day of ( klA^,u'''r ~3 A.D. , . ( i.II'!~ O~)Vtjl'P/~ ~ 7 rothonotary , ROBERT GARDNER, Plaintiff v. CHERI STONE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5884 PRAECIPE TO APPEND Please append the attached Verification to Answer of Defendant to Plaintiffs Complaint. Date: January / J ,2003 Document #: 248684.1 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~f///~ ~u David H. Martineau, Esquire PA Court I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Defendant VERIFICATION The undersigned hereby certifies that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of~knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. ~~-~ Cheri Stone-Gardner Date: <J3 Document #247428 CERTIFICATE OF SERVICE AND NOW, this /.I~day of January, 2003, I, David H. Martineau, of Metzger, Wickersham, Knauss & Erb, P.c., attorneys for Defendant, hereby certify that I served the foregoing Praecipe to Append this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: H. Anthony Adams, Esquire 49 West Orange Street Shippensburg, P A 17257 By: David H. Martineau, Esquire Document #: 248684.1 ) -' c' ::) c: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA Robert Gardner, Plaintiff : No. O~- ~PP4 C,u~L ~~ vs. Cheri Stone, Defendant Answer to New Matter 12. Denied, the Plaintiff and Defendant lived together but have not and have never been husband and wife. 13. Denied, the Plaintiff and Defendant were paramours not husband and wife. 14. Denied, no marriage vows were spoken. 15. Denied, the Plaintiff and Defendant lived together at various time but did not act as husband and wife. 16. Denied, the parties are not husband and wife. 17. No martial interest can exist since the parties have never been married to each other. WHEREFORE, Plaintiff requests that judgment be entered in his favor. Respectfully ~ ~~-=:-> H. Anthony Adams Attorney for Defendant 49 West Orange Street Shippensburg, Pa. 17257 Supreme Court 10 # 25502 VERIFICATION I verify that the facts set forth are true and correct to the best of my information and belief as relayed to me by Plaintiff's mother. Plaintiff is currently incarcerated and a copy of the answer and with verification is being sent to him to supply substitute verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:~?-- 1~.~ C H. Anthony Adams ("') 0 0 c w .... ~ ~ -OtTo j.:::. mrT, :1: -,. - zrc N (jJ "~ .r.- -< ,< ~-- - ~8 -- Pc: :.:? ~ :J 53 -. .-l ~~