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HomeMy WebLinkAbout02-5994MARILYN JO GERBER, Plaintiff Timothy & Joy Losh Defendant Amy J Mendelsohn Defendant Cumberland County Court Court of PRAECIPE FOR WRIT OF SUMMONS Please be notified that a praecipe for writ of summons is being filed in the Cumberland County Court at One Courthouse Square, Carlisle, Pennslyvania on this day, December 17,2002. Plaintiff: Marilyn Jo Gerber PO Box 317 717 Market Square Lemoyne, PA 17034 ~rvl~rilyn J~'e/rbe~ (717) 503-5280 Defendants: Timothy and Joy Losh 1551 Simpson Ferry Road New Cumberland, PA 17070 Date: Amy J Mendelsohn cio Rhoades & Sinon One Market Square South Harrisburg, PA 17018 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS MARILYN JO GERBER Plaintiff Vs. Court of Common Pleas No. 0-5994 In CivilAction-Law TIMOTHY AND JOY LOSH 1551 SIMPSON FERRY ROAD, NEW CUMBERLAND PA 17070, AND AMY J MENDELSOHN C/O RHOADES & SINON ONE MARKET SQUARE SOUTH, HARRISBURG, PA 17018. Defendant To TIMOTHY AND JOY LOSH AND AMY J MENDELSOHN You are hereby notified that MARILYN JO GERGER the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date DECEMBER 18, 2002 Attorney: Name: MARILYN JO GERBER PRO SE Address: CURTIS R. LONG Prothonotary Deputy P O BOX 317, 717 MARKET SQUARE LEMOYNE PA 17043 Attorney for: Pro Se Telephone: (717)503-5280 Supreme Court ID No. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05994 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERBER MARILYN JO VS LOSH TIMOTHY ET AL 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 , to wit: MENDELSOHN AMY J but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 7th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 25.50 .00 50.50 0 /07/2003 MARILYN GERBER Sheriff of Cumberland County Sworn and subscribed to before me this /J ~ day of ~~ , ! ~2c~ ~ A.D. ! / Prothonotary' ' SHERIFF'S RETURN - REGULAR CASE NO: 2002-05994 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERBER MARILYN JO VS LOSH TIMOTHY ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LOSH TIMOTHY the DEFENDANT at 1551 SIMPSON FERRY ROAD , at 1336:00 HOURS, on the 20th day of December , 2002 NEW CUMBERLAND, PA 17070 by handing to JOY LOSH, WIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this /_~ day of ~r6tho-fiotary So Answers: R. Thomas Kline 01107/2003 MARILYN GERBER /De~dt~ Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05994 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERBER MARILYN JO VS LOSH TIMOTHY ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LOSH JOY the DEFENDANT at 1551 SIMPSON FERRY ROAD , at 1336:00 HOURS, on the 20th day of December , 2002 NEW CUMBERLAND, PA 17070 by handing to JOY LOSH a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 00 Affidavit . 00 Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this /jr day of ~ .... 7~ A.D. ~ /Prothonotary ' 01/07/2003 MARILYN GERBER By: ~iff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:December 27, 2002 WRIT OF SUMMONS MENDELSON AMY J C/O R/IOADES & SINON to DEF of the original : GERBER MARILYN JO : MENDELSON AMY J Sheriff's Return No. 2839-T - -2002 OTHER COUNTY NO. 02 5994 at l:00PMserved the within upon by personally handing 1 true attested copy(ies) WRIT OF SUMMONS and making known to him/her the contents thereof at 1 MARKET SQUARE SOUTH HARRISBURG, PA 17108-0000 Sworn and subscribed to before me this 31ST day of DECEMBER, 2002 ! PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $25.50 PD 12/23/2002 RCPT NO 173359 STRUBAR In The Court of Common Pleas of Cumberland County, Pennsylvania Marilyn Jo Gerber VS. Timothy Losh et al SERVE: Amy J. Mendelsohn NO. 02 5994 civil Now, December 19, 2002 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this 7Now~ within Affidavit of Service ,20 ,at o'clock M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this ~ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Thomas A. French, Esquire Attorney I.D. No. 39305 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-I 146 (717) 233-5731 Attorneys for Amy J. Mendelsohn MARILYN JO GERBER, Plaintiff TIMOTHY LOSH, JOY LOSH and AMY J. MENDELSOHN Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5994 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiffs to file a Complaint within twenty (20) days or suffer a judgment of non pros. RHOADS ~LP ~ One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Amy J. Mendelsohn 458299,1 CERTIFICATE OF SERVICE I hereby certify that on January ~ , 2003, a true and correct copy of the Praecipe for Rule to File Complaint was served by means of United States mail, first class, certified, return receipt requested, postage prepaid, upon the following: Stanley J. A. Laskowski, Esquire Caldwell & Keams Attorney for Marilyn J. Gerber 3631 North Front Street Harrisburg, PA 17110 Marilyn J. Gerber 42 Drexel Place New Cumberland, PA 17070 Timothy and Joy Losh 1551 Simpson Ferry Road New Cumberland, PA 17070 an~ H. Peck MARILYN JO GERBER, Plaintiff TIMOTHY LOSH, JOY LOSH and AMY J. MENDELSOHN Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5994 : : RULE TO: Marilyn Jo Gerber 42 Drexel Place New Cumberland, PA 17070 You are hereby ruled to file a Complaint within twenty (20) days of receipt of this Rule or suffer a judgment of non pros. Date: t~,, c~ ogZ~ Prothonotary - ' ~/ MARILYN JO GERBER, Plaintiff :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TIMOTHY LOSH, JOY LOSH and AMY J. MENDELSOHN Defendants NO. 02-5994 COMPLAINT COUNT I INTRUSION UPON SOLITUDE I. On February 22,2003, the Plaintiff received much to her surprise, a sympathy card from the Losh's postmarked on February 21,2003. The Plaintiff nor her mother, Mildred Jane Gerber had no relationship with the Losh's. This was a gross intrusion on the privacy and solitude of the Plaintiff in light of the traumatic death of the Plaintiff's mother and the court actions which involved the Losh's as defendants. 2. Approximately one week prior to the Court hearing on December 16,2002 in the Orphans" Court before Judge George Hoffer, the Losh's were contacted by the Plaintiff and asked to respect the wishes of her and her mother as well as the laws of the Supreme Court and the State of Pennsylvania. 3. The Plaintiff one week prior to December 16,2002 informed the Losh's of her need for privacy and her fear of her brother, Col. Fred E Gerber, I1. 4. The Plaintiff one week prior to December 16,2002 had one and only contact with the exemption of a brief conversation on March 3,2003 concerning this litigation. 5. On February 8,2003, Cynthia Losh called the Plaintiff at approximately 0945 PM and tried to harass and intimidate the Plaintiff in selling the home of 623 Hilltop Drive, New Cumberland, PA to them. The Plaintiff informed her that she was sick and that she should not be calling her as the Plaintiff has filed a writ of summons against them. Mrs. Losh became more and more hostile during the conversation and finally hung up approximately 20 minutes later. This was anxiety producing to the Plaintiff especially concerning the information that Mrs. LOsh conveyed to the Plaintiff. 6. On February 28,2003, Ms AJ Mendolsohn tried to harass and push the Plaintiff into selling the home of 623 Hilltop Drive, New Cumberland, PA to them stating that it, "would be a tribute to her parents, to let them have the home". This was extremely traumatic for the Plaintiff in lieu of the manner of Mildred Gerber's death as well as her dealings with Ms AJ Mendelsohn and now by the Losh's through PNC Bank and AJ Mendelsohn who never represented the Losh's. 7. The Losh's informed the Plaintiff on February 8,2003, that they had terminated their request to purchase 623 Hilltop Drive, New Cumberland. This was traumatic and shocking news especially in lieu of events which transpired at the December 16, 2002 in Orphans' Court. This telephone caused the Plaintiff extreme pain and shock and had a profound impact on her life. 8. On March 3,2003, Mrs. Losh was confrontational during a conversation concerning their involvement in the purchase and termination of the sale of 623 Hilltop Drive, New Cumberland, PA. Mrs. Losh accused the Plaintiff of actions which she did not do or plan. 9. On March 4, 2003, Mrs. Losh called the Plaintiff and left a disturbing voice mail message making further accusations and refused to sign an affidavit of truth of events as Mrs. Losh recounted them to me. COUNT II PLACING OF PLAINTIFF IN FALSE LIGHT I. The Losh's told AJ Mendelsohn approximately one week prior to December 16, 2002 that the Plaintiff had threatened their lives and safety. 2. The Losh's told AJ Mendelsohn approximately one week prior to December 16, 2002 that the Plaintiff had threatened the lives of their children. COUNT Iil SLANDER i. Ms AJ Mendelsohn told Judge Hoffer in a telephone conference that the Plaintiff was threatening the Losh's and interfering with their purchase of 623 Hilltop Drive, New Cumberland,PA. This conference was just prior to the December 15,2002 in Orphans' Court. 2. Ms. AJ Mendelsohn told Judge Hoofer in a telephone conference that the Plaintiff should be restrained and was seeking punitive actions including criminal actions on her complaint of the Plaintiff's alleged interference of the sale of 623 Hilltop Drive, New Cumberland, PA. 3. Ms AJ Mendelsohn intentionally intended to inflict emotional distress on the Plaintiff. 4. Ms AJ Mendelsohn on December 16,2003 told Judge Hoffer that the Plaintiff threatened the lives of the Losh's. The Judge's response was, "call the police". 5. Ms AJ Mendelsohn on December 16,2003, told Judge Hoffer that the Plaintiff threatened the lives'of the Losh's children. The Judge's response was, "call the police:. 6. Ms AJ Mendelsohn knowing the above and intending to injure the Plaintiff, to deprive her of her good name and to cause her career as a health care professional to be impacted resulting in her removal from practicing nursing. 7. The Losh's knowing the above and intending to injure the Plaintiff for their own gain ( the purchase of 623 Hilltop Drive, New Cumberland) knowingly made false statements to AJ Mendelsohn to deprive the Plaintiff of her good name and to cause her career as a health care professional to be impacted resulting in her removal from practicing nursing. 8. The Losh's conspired with Ms AJ Mendelsohn and PNC Bank in taking actions and making statements to deprive the Plaintiff of her good name thus depriving her of the home at 623 Hilltop Drive, New Cumberland. 9. The comments by the Losh's and AJ Mendelsohn before Judge Hoffer was intentional to say the Court into have grave criminal concern at to the alleged behavior of the Plaintiff thus affecting the Court's decision on December 16,2003. COUNT IV Woeful Supression of Evidence I. Ms AJ Mendelsohn intentionally for personal gain for PNC Bank and Col. Fred E Gerber, II and Ms Jane Heflin withheld information that the Losh's has terminated their contract and desire to purchase 623 Hilltop Drive, New Cumberland, PA one week prior to December 16,2003 in the Orphans' Court. AJ Mendelsohn intentionally withheld this vital information in order that the Plaintiff would not be granted the right to purchase the home at 623 Hilltop Drive, New Cumberland,PA. 2. Ms AJ Mendelsohn misused the legal process and courtroom on December 16, 2003 without any cause of action. 3. Ms AJ Mendelsohn abused the process with malice in withholding this evidence before Judge Hoffer on December 16,2003 resulting in the Plaintiff's motion for a stay and to purchase the home at 623 Hilltop Drive, New Cumberland,PA to be denied. 4. The Losh's intentionally did not inform the Plaintiff that they had terminated their intent to purchase 623 Hilltop Ddve, New Cumberland, PA and then made false statements to AM Medelsohn which were stated in court before Judge Hoffer on December 16,2(X)3 already stated in COUNT !,11,111. 5. The Losh's conspired with PNC Bank, AJ Mendelsohn and Col. Fred E Gerber, Ii and Jane Heflin to say anything, do anything and withhold crucial information to gain the possession of 623 Hilltop Drive, New Cumberland,PA. COUNT V VIOLATION Of THE ADA ACT, OLDER AMERICAN ACT I. Ms AJ Mendelsohn intentionally violated the Olmstead Act of the ADA 1999 and the Older American Act to permanently institutionalize Mildred J Gerber by presenting the Motion on December 16,2003 to sell her home. 2. The Losh's intentionally violated the Olmstead Act of the ADA 1999 and the Older American Act to permanently institutionalize Mildred J Gerber by presenting false information about the Plaintiff, withhold evidence prior to the December 16,2003 hearing thereby having Judge Hoffer order the sale of Mildred J Gerber's home and permanently institutionalizing Mildred J Gerber which resulted in her demise and death on January 14,2003. COUNT VI SLANDER I. Ms AJ Mendelsohn intentionally lied in a conference hearing before Judge Hoffer on November 27,2002 that it only cost $2,000 to care for Mildred J Gerber at Sunrise of Glen Ellyn, Illinois. 2. Ms AJ Mendelsohn was aware that it cost over $8,000 to care for Mildred J Gerber in Sunrise of Glen Ellyn in Illinois thus causing Judge Hoffer to sign the order to sell the home of Mildred J Gerber and thereby permanently institutionalizing Mildred J Gerber which resulted in her demise physically and her death on January 14, 2O03. 3. Ms AJ Mendelsohn refused to speak with the Plaintiff despite her Pro-Se status and made false comments about the Plaintiff to the lega~ community and her peers to place her in a false light and thus cause the Plaintiff excess expenses by consistently sending all copies of her actions and those of PNC to another attorney, Stanley Laskowski who consistently informed AJ Mendelsohn that he did not represent the Plaintiff. 4. MS AJ Mendelsohn refused to accept conferences with the Plaintiff or provide promised information as receipts, copies of financial data concerning the Guardian of Estate and Col. Fred E Gerber I1. 5. Ms AJ Mendelsohn conspired with the attorney, Richard RUpp for Col. Fred E Gerber, II in order to protect the errors that her client, PNC had committed as they were Guardian of Estate. These actions affected the ultimate sale of the home of Mildred J Gerber and her ultimate demise and death. This also impacted the desire of the Plaintiff to purchase the family home and follow the instructions of her father, Col. Fred E Gerber, Sr. 6. Ms AJ Mendeisohn conspired with Richard Rupp in not serving the Plaintiff of the December 16,2002 conference by 14 days. Ms AJ Mendelsohn also conspired in not asking the Plaintiff who was a beneficiary if she agreed to the sale of 623 Hilltop Drive, New Cumberland. 7. Ms AJ Mendelsohn conspired on October 1,2002 to not talk or deal with the Plaintiff instead called the New Cumberland police which caused the Plaintiff extreme emotional trauma and placed the Plaintiff in a false light with the police. 8. Ms AJ Mendelsohn conspired on October 1,2002 to take the property of the Plaintiff and that of Mildred J Gerber and place it in storage thus resulting in the sale of 623 Hilltop Drive, New Cumberland, PA and in the institutionalization of Mildred J Gerber and the demise and death of January 14,2003. 9. Ms AJ Mendelsohn conspired on October 1,2002 to prevent the Plaintiff from removing any valuable property and possessions from 623 Hilltop Drive, New Cumberland, PA thus resulting in financial loss and the ultimate loss 623 Hilltop Drive, New Cumberland, PA. 10. Ms AJ Mendelsohn conspired with PNC Bank and Col. Fred E Gerber, Il and Jane Heflin in not allowing or acknowledging the first bid for the purchase of 623 Hilltop Drive, New Cumberland, PA on October 1,2003 which resulted in the Plaintiff's loosing the purchase of 623 Hilltop Drive, New Cumberland, PA on December 16,2003. WHEREFOREL, Plaintiff demands judgment against the Defendants as follows: A. For an amount of $175,000 for the loss of the home at 623 Hilltop Drive, New Cumberland, PA on December 16,2003. B. For an Order enjoining the Defendants from publishing libelous statements or making oral slanderous statements concerning the Plaintiff. C. For an Order enjoining the Defendants, by statements or otherwise, from placing Plaintiff in a false light. D. For an amount for the costs, punitive damages, possible future attorney's fees, discovery and costs for depositions,court fees in excess of 175,000 and all the expenses for the November 27,2002 and the December 16,2002 hearings. E. For an amount of all punitive damages relating to the perjury of Ms AJ Mendeisohn and the Losh's on the good name and light of the Plaintiff. F. For all costs for the Plaintiff associated with the purchase of 623 Hilltop Drive, New Cumberland,PA per her original bid and offer and in Judge Hoffer's Court. G. For all costs for the Plaintiff for filings in the Superior Court on the December 16,2003 appeal, the production of the Court transcript and future discovery fees including the preparation of the Superior Court briefs including the production and filing of the Motion to Stay the Sale of 623 Hilltop Drive, New Cumberland, PA. Respectfully submitted, Madlyn Jo Gerber, ProSE 717 Market Street,#317 LemoynePA. 17043~ //., MARILYN JO. GERBER, Plaintiff TIMOTHY LOSH, JOY LOSH and AMY J. MEDELSOHN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO~/NTY,. PENNSYLVANIA CIVIL ACTION- LAW NO. 02-5994 PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Complaint, without prejudice, which was filed in the above-referenced case on March 4, 2003. ; MARIL%~ JO GERBER; PRO SE 466422.1