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Home My WebLink About97-02558 , ~ Q ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~i~ ~ .~~ j~ 'i) ~ ,~m ~ ~~ i~ . , ? ,) I . l' , , . . ~~ ~-- , SEP 2 4 199~ JOliN II. I.IOCKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; CIVIL ACTION - LAW MARY JANE SPENCER, Defendant ; 97-2558 CIVIL TERM ORDER AND NOW this 2~f4 day of S(~e.) ,I998,upon Plaintiffs Motion for Judgment Upon Admission, it is hereby ordered that a rule be issued upon Defendant, to show cause, if any she have, why the relief requested therein should not be granted, Rule returnable in twenty (20) days, j; 0"'" .sCJ \I,'C c.. . Service of this order by first-class mail. BY THE COURT, J. Sally J. Winder, Esquire Attorney for Defendant - e.."j>-:......(>>~ '1/J.S/'iK, ..0,1". n .J." 0 ~:; 0' -n :1) " -J.',.. .r-, .. '0 '='-~ . -'.1 \ '."- ,-,11 - ....1 --~c., '., ~:'. Ln . . L ~i t"J r-:, "-'!'-' I.~ :i: I:' :;.:. , -2(~ ."- {.' -. .nl t;-;, , . J-;~. ~ ',. ~ ~n '" -- (::> =< cc: John Wesley Weigel III, Esquire Attorney for Plaintiff n t,f.:- n \.j,) " , -~ ,., ':; "'~~ e~ .~, i 1 t :jCJ (:,") . '.1'1 '~lC \";" '. - ,c, " , ~ (.) " .,i'I .- , 9 ~~ , - ~. ~,) (i) ~ ~ "', ~ ~ o 0... 0:. ~3 :n 0 .. U ... 0( - - ~ t:: 0 Z O~~ ~j:Q1: j ..J 0( ~ ~ 1;;.... !!j-CD ~~lt\ 111-'" :c-"I' ",C:::CD - '" :c LLi' N Ii;~E ~d~ '" .;:;.~ (?O~ ....,.~ '- .-. c u; .../ i"~ 'i~ .' ,1-: ,~ (~:>.. , '-':i' ':_t~ . :::.> , , !;;:! C) ~ 0'1/: : I/. ,C% ,..-: ellt_J , !fJ... c;: ';; cr\ (.~.~. C,) vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : CIVIL ACTION - EQUITY JOHN H. I-lOCKER, PlaintilT MARY JANE SPENCER, Defendant : 97-2558 Civil Tenn REPLY TO NEW MATTER (ANSWER TO SECOND AMENDED COMPLAINT) NOW COMES PlaintilT John H, Hocker, by his attorney, John Wesley Weigel III, to Teply to Defendant's New Matter, alleging as follows: 8, No response required, 9. Denied. On the contrary,PlaintilTbelieves and avers that Defendant does know the whereabouts of the items listed in this Paragraph, even ifsueh be no longer on her property, 10. Denied, On the contrary, PlaintilTbelieves and avers that Defendant does know the whereabouts of the items listed in this Paragraph, even ifsuch be no longer on her property, II. Denied, On the contrary, Plaintiff believes and avers that Defendant docs know the whereabouts of the items listed in this Paragraph, even ifsuch be no longer on her property, 12, Denied, On the contrary, Defendant refused to give these items to Glenn Gow, an intennediary between the parties, on March 22,1997, Glenn Gow could remove only those items yielded by Defendant. It is further alleged that Plaintiffs counsel contacted Defendant's counsel by letter on January 23, 1998 to arrange a transfer of these items but that Defendant's counsel never responded, 13, Admitted in part and denied in part, It is admitted that the parties conducted negotiations through counsel for settling Plaintiffs property elaims. It is further admitted that on January 14, 1997, and on January 23,1997, PlaintilT's counsel olTered to allow Defendant to keep the items enumerated in this Paragraph in exchange for all other items -- 1-' ;- .~~ - c .. , , , , , < ., : '- - r~l < I..~ , (, : , C' l...- '-' , , " . -' . . ' Ii ! i II I. j: Ii Ii II , i! Ii II ii II Ii I! ,I " I, II ,I " " il II II II Ii P ,I I: 'I 11 I' ,I " :i I, I, i' 'I 11 iI I' ',,~ (lII'~' ,{ ,i, I , v:.1?c,f."II:....J." q .~t~t:X...,'-I'r..,.' I' , I ;w......L., :~, 11m I I I I 'I II 1 ~ I !I (717) ss....#7G 10, Defendant avers that the item described as s, Log splitter in Paragraph 5 of the Complaint is not in her possession; said item is not located on her property; she has no knowledge of the whereabouts of said item, 11, Defendant believes, and therefore avers, that Plaintiff removed all of his ladders from her property when he removed his other tools and equipment on March 22, 1997, Defendant does not have in her possession the item described as q, Three ladders in Paragraph 5 of the Complaint. She has not disposed of said item, nor does she have any knowledge concerning its disposition, She has no idea where it is, 12, Plaintiff was supposed to remove on March 22,1997, along with his other tools and equipment, the following items: 0, Antique dinner bell, t. Two wheel trailer, v, Iron kettle, and k. Collection of shot glasses, but forgot and neglected to do so, Said items remain on Defendant's property and are available for Plaintiff to remove, provided suitable arrangements to do so are made, 13, Plaintiff agreed, through counsel, that he would relinquish any claim to the following items: a, Yamaha grand piano, b, King-size waterbed, c, Queen-size waterbed, d, Chest freezer, f. Television, h, VCR, 1. Two garden benches, m, Two Adirondack chairs, n, Five piece picnic table, if Defendant would allow him, through his agents, to enter her property and remove his tools and equipment. 14, Defendant did allow Plaintiff, through his agents, to enter Defendant's property and remove his tools and equipment on March 22, 1997, 15, Plaintiff has relinquished any claim to the items listed in Paragraph 13 of Defendant's New Matter, 16, The items listed in Paragraph 13 of Defendant's New Matter were gifts from Plaintiff to Defendant. 17, The Yamaha grand piano was given to Defendant shortly after Plaintiffs divorce became final. JOHN H. HOCKERJ Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY JANE SPENCERJ Defendant . . No. 97-2558 CIVIL TERM ORDER OF COURT AND NOW, this J.8tfl- day of August, 1998, upon consideration of PlaintiffJs Motion To Compel Entry upon Property, and of Defendant's Answer to Motion To Compel Entry upon property, it is ordered and directed as follows: 1. Plaintiff shall be permitted to enter upon the premises at 203 Log Cabin Road, Newville, Cumberland County, Pennsylvania, for a period of one hour at a time scheduled by the parties' counsel, for the purpose of viewing and photographing items which are the subject of the above-captioned case. 2. Plaintiff's counsel shall accompany Plaintiff on the said inspection, and Defendant's counsel may also be present. At DefendantJs request, Plaintiff shall also secure the presence of a Pennsylvania constable, whose fee for this service shall be paid by Plaintiff. By the Court, J JOHN WESLEY WEIGEL, III, ESQUIRE 7 Irvine Row CarlisleJ PA 17013 For the Plaintiff SALLY J. WINDER, ESQUIRE 701 E. King Street Shippensburg, PA 17257 For the Defendant '.". . :..i -' wcy l""I>':'~ {,,,,,-_',.l. f//J//16', ....'~ ' JUL281998\ \'lV' Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. HOCKER, vs. : CIVIL ACTION - EQUITY MARY JANE SPENCER, : 97-2558 Defendant Civil Tenn ORDER AND NOW this ~ay of~, 1998, upon Plaintiffs Motion to Compel Entry upon Property, it is hereby ORDERED that a rule be granted upon Defendant to show cause, if any, why Plaintiffs Motion should not be granted. SeJllli.(.. .j Rule returnable within 20 days of this order. - ,.. Service of this order by first-class mail. ec: John Wesley Weigel III, Esq, Attorney for Plaintiff ~~;;:;tl _ C"lPl.l4' ,.. '7hl j'fS, oJ,? Sally J, Winder, Esq. Attorney for Defendant \ n ...::. n ~.~ w .. "'Tt ;~ - ,- I [,.,' '- :~~:-, ' - .11;71 :..J . ~ : ~'1 ('I.... t:J .() ~. !.::{.. z~ _:"J!~J ~"'-' >j:.r5 ....\) "- ;!'( I ,.' <;-) '&'.c: - i3rn ~ .. ::-j :., ~h .c- -< JOHN H, HOCKER. PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION - EQUITY \'5. MARY JANE SPENCER. Defendant : 97-2558 Civil Tenn MOTION TO COMPEL ENTRY UPON I'ROPERTY AND NOW COMES Movant John H. Hockcr. Plain\in' in the above matter, by his attorney, John Wesley Weigel III, pursuant to Pa,R.C,P, 4009.32, to move the court to compel Plaintiffs entry upon Defendant's residence. alleging as follows: I. The above matter is a suit in replevin by PlaintilTto regain possession of personal property located at Defendant's residence at 203 Log Cabin Road, Newville, Cumberland County, Pennsylvania, 2. Defendant has barred PlaintilT from her residence, upon pain of criminal prosecution, 3, In her responses to previous discovery by PlaintilT, Defendant has alleged that some items belonging to PlaintilT are no longer at the properly, 4, On June 18, 1998. Plainti 1'1' served upon Defendant a Request for Entry upon Defendant's Property, In particular.PlaintilTwished to locate, inspcct, examine and photograph all items claimed by him in the above matter, and take any other reasonable steps to record the number appearance and character of the items, A copy of the Request is marked Exhibit "A", attachcd hereto, and incorporated herein by reference, 5, On July 20. 1998, Defendant served upon PlaintilTObjections to Plaintiff's Request for Entry upon Defendant's Property, A copy of the Objections is marked Exhibit "B", attached hereto, and incorporated herein by reference. 6, In response to these Objections, Plaintifi'denies that he has had opportunity to locate, inspect and photograph all relevant items at Defendant's residence, On the contrary, Defendant has barred him from her residence under pain of criminal prosecution, as staled in Objection 3, On one occasion, in March, 1997, an intermediary for the parties picked up numerous items belonging to Plaintiff from Defendant's residence and returned them to Plaintiff. None of those items arc at issue in the above matter. Even on that occasion, however, PlaintitTwas not allowed to accompany the intennediary onto Defendant's residence, 7, In response to these Objections, PlaintitT denies that his desire to enter the premises in motivated by a desire to harass and annoy Defendant. On the contrary, PlaintitTwishes to enter the residence at 203 Log Cabin Road only to locate and inspect the personal property c1aimcd by him, and to make notcs and photographs to aid thc presentation of his case at trial. 8. In response to these Objections, PlaintilT denies that his request for entry fails to describe with particularity the items of personal property to be sought. On the contrary, Plaintifrs request incorporated by reference the list of items claimed by PlaintitT in the above matter, WHEREFORE, PlaintitTrequests thatlhe court compel Defendant to allow Plaintiff access to Defendant's residence at 203 Log Cabin Road, Ne\wille, Cumberland County, Pennsylvania, together with all appurtenant outbuildings and curtilage, so that PlaintitT may locate, inspect and photograph all items claimed by him through the above matter, and take any other reasonable steps to record the number, appearance and character of such items, Respectfully submitted, ~kJy 2- 7., (1r2 J 111 Wesley Weigel Ill, Esquire. 7 Irvine Row Carlisle, PA 17013 (717) 243-1985 >- \II ~ !.? c: ~~ ~ .. ~~ - : 1......- ')." P 0: ('.'~ F.fj:!;: ~.;)~ ~o ,... .<.>- C; .;: 't.,? ,"" N -1..:-= -JU1 -' f.c:(~ [LiE :;;;, LUlU ., ifJ 0.; ...: ~ CO :.J 0'1 CJ r (') S: rJ: "- j:'.: '~J ,-, . ~ .:- uJ.. ( " " ...-1 \;.. \.-- ":.J ~:.) I. ;.- , , ./1 C': C'.: , l~'. , , ~..! ' , c: , :(,~'., IL' .,- '" ." '- , 1!,. ,.- --:) l) rl' 0 JOHN H. HOCKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - EQUITY vs. MARY JANE SPENCER, Defendant : 97-2558 Civil Term SECOND AMF.NDED COMPLAINT AND NOW COMES Plaintiff John H, Hocker, by his attorney, John Wesley Weigel III, to file this second amended complaint in replevin, alleging as follows: I. Plaintiff John H. Hocker is an adult individual residing at 520 Boxwood Lane, Carlisle, Cumberland County, Pennsylvania. 2, Defendant Mary Jane Spencer is an adult individual residing at 203 Log Cabin Road, Newville, Cumberland County, Pennsylvania, 3, Plaintiff and Defendant resided together from about March, 1987 until February 21, 1996. 4, On or about January 30,1996, Defendant informed Plaintiff that he must remove himself from the residence within three weeks of that date, Defendant further informed Plaintiff that he could remove his property from Defendant's residence at a later date, including household goods, tools, equipment and vehicles, upon contacting her by \ telephone or by letter. 5, Defendant has returned a number of items to Plaintiff, most of them in March, 1997, However, Defendant has refused to return a number of items to Plaintiff, claiming them as her own, Such items include: f. Television $5000.00 $ 800,00 $ 600.00 $ 150,00 $ 150,00 a, Yamaha grand piano b. King-size waterbed c, Queen-size waterbed d, Chest freezer g. Camcorder $ 400,00 h. VCR $ 50.00 i. High chair $ 100.00 j. Two cabin benches $ 50,00 k. Collection of shot glasses $ 150.00 :, Two garden benches $ 130.00 m. Two Adirondack chairs $ 190.00 n. Five piece picnic table $ 180,00 0, Antique dinncr bell $ 400,00 p. Two shotguns and binoculars $ 400,00 q. Three ladders $ 400.00 r. Air hose $ 50,00 s, Log splitter $ 400,00 l. Two wheel trailer $ 50,00 u. Two hammer drills $ 150.00 v. Iron kettle $ 50.00 w. Redwood picnic tablc and $ 25,00 \ benches x, Cutting torch $ 400,00 y. Sct of wrenches $ 25,00 z, Two metal clamps $ 5,00 an. Extension cords $ 25.00 bb. Sawall $ 50,00 cc. 7 and 1/4 inch circular saw $ 165,00 ~ '.ll 1': ~\. c: ,- Q - -::.~.."t C);". i" :r: lJ ;i: ~! .r-: a.. (,);-:J ~~, r- ~ ..; (,; ....,...... IN cr:z -' 'II~ :::> !!~ t-: -") ~. ~ co -) C1'l D . . . and (2) plaintiff is Improperly seeking to add a new cause of action to his claims for replevin. The statute of limitation for replevin is two years. 42 Pa,C.S. ~ 5524. The running of the statute commenced on February 21, 1996, the date plaintiff avers that he separated from defendant and left his personal property with her. Plaintiff filed this petition to file a second amended complaint on February 23, 1998, three days after the statute ran on February 20. The Supreme Court of Pennsylvania in Connor v, Alleahenv General Hosoltal, 501 Pa, 306 (1983) held that when 'the proposed amendment does not change the cause of action but merely amplifies that which has already been averred, [the amendment] should be allowed even though the Statute of Limitations has already run.' The court's decision to allow an amended complaint in Connor was based (1) on the general policy that the right to amend should be liberally granted, and (2) that the amendment did not prejudice the defendant. Although the amended complaint, in essence, expanded and further detailed the plaintiff's allegation of negligence, the court permitted it after the running of the statute of limitations because it did not change the cause of action but merely amplified that which had already been averred. In determining whether a new cause of action is pleaded, we must look to see if the amendment proposes a different theory than the one previously raised or if the operative facts supporting the claim are changed, Junk v, East End Fire Deoartment, 262 Pa, Super, 473 (1978), In the case sub judice, adding the tractor to the claim In replevin does not propose a different theory than that set forth in plaintiff's first amended complaint. The operative facts supporting the claim for the tractor are the same: plaintiff is alleging that defendant has retained plaintiffs personal property. g. Camcordcr $ 400,00 h. VCR $ 50.00 i. High chair $ 100.00 j. Two cabin bcnchcs $ 50,00 k. Colleclion of shol glasses $ 150.00 I. Two garden benches $ 130.00 m. Two Adirondack chairs $ 190.00 n. Five piece picnic table $ 180.00 o. Antique dinner bell $ 400.00 p. Two shotguns and binoculars $ 400.00 q, Three ladders $ 400,00 r. Air hose $ 50.00 s. Log splitter $ 400.00 t. Two wheellroiler $ 50,00 u, Two hammer drills $ 150.00 v. Iron kettle $ 50.00 w. Redwood picnic table and $ 25.00 benches x, Cutting torch $ 400.00 y. Set ofwrenehes $ 25.00 z. Two metal clamps $ 5,00 aa. EXlension cords $ 25,00 bb. Sawall $ 50,00 cc. 7 and 1/4 inch circular saw $ 165.00 >- r-. { ~ ~ t-": <'>: we .. ,- -a. @ ()~, ' - ....j (6 fFs' ':J:"7 "j- ~"~ . ~J~~ ~ - .,~ \l) - ~~.. -' cO ,..- .:r ::'-:.! (() W' ~: t" ui If) .-l ,..... li: ~.' ~- . ';.'-. 1:1 " -.. ":t -:t:\ F ..~ ~_;{lb ~ II. :.;..;,; ..""L.l.. .~ <:t: 0 .- -' 0' :.i u . 0 \0 0 ~ ~" "Tl :r.: -j -,.-. ')to ;l_-g nit,", '-'J tll- .;;- :~ -e,r." f9fr, N t;1.~: UI i3~ ~ , :l r.......' ....~:' .... "'0 , j:B ;:,"(.. :::l: ~,..c..., "~9. oln ); . ~ .. ~ -. ~ ~ ~ (.oJ f. Television $ 150.00 g. Camcorder $ 400.00 h. VCR $ 50.00 i. High chair $ 100.00 j. Two cabin benches $ 50.00 k. Collection of shot glasses $ 150.00 I. Two garden benches $ 130.00 m. Two Adirondack chairs $ 190.00 n. Five picce picnic tuble $ 180.00 o. Antique dinner bell $ 400.00 p. Two shotguns and binoculars $ 400.00 q. Three ladders $ 400.00 r. Air hose $ 50.00 s. Log splitter $ 400.00 t. Two whecltrailer $ 50.00 u. Two hammer drills $ 150.00 v. Iron kettle $ 50.00 w. Redwood picnic table and $ 25.00 benches x. Cutting torch $ 400.00 y. Set of wrenches $ 25.00 z. Two metal clamps $ 5.00 aa. Extension cords $ 25.00 bb. Sawall $ 50.00 f;: 0' r: "'-'L .~ ..... .. :---i C. ..:2 , , UI. . - .' (.1". (,. . ... L;... . ' ?" ,.., ,:, f-'l' . '" : lJ..:1.. y =.-Jl1 n~. , " LL..'! to..! "".'- I.: t... =i ... ~ 0 en (J %: r-o .... L (...., N '-.;,~ ~ uJq 0- ~.~::: '-' .c. t ...... ~ root, ~,,-~ '''-::':.: J... ~.. ~f' :.....i:... ,.... {'. \1:) - ','" ~. utO-' I :' ~/ ~J,. . ~; >,~i0J u: " i~: -' :.. _~;..L. ..,; u_ ..... :5 0 u' (J , . . . . '- <:'01 ~- t': ':' I:;": " ~. , " Ci""' -, t1,~ ; -' . , ."~~ , ~)( roO) , '" , r 4 j C: : , \1 -~ ;--: , , r-. ~) U c,;.... U .- Plaintifi' : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA JOHN H. HOCKER. vs, : CIVIL ACTION. EQUITY MARY JANE SPENCER : 97.2558 Civil Term REI'LY TO NEW MATTER AND NOW COMES PlaintifT John 1-1, I-locker, by his attorney, John Wesley WcigcllIl, to reply to the Ncw Mattcr IiIcd by Dcfendant. allcging as lollows: 9. No response rcquired. 10. Denicd, On thc contrary. Plaintin' was physically and mentally able to pcrform work, 11. Denied, On the contrary,PlaintifTbelieves and avers that Defcndant docs know the whcreabouts of the itcms listed in this Paragraph, 12. Denied, On the contrary, thcse items werc not removcd from Defendant's property on March 22, 1997. Plaintiff believes and avers that Defendant docs know the whereabouts of the items Iistcd in this Paragraph, 13. Dcnicd, PlaintifT did not neglcct to havc these itcms removcd, On thc contrary, Defendant refused to give these items to Glenn Gow, an intcrmediary betwecn the parties, on March 22. 1997. Glenn Gow could remove only those items yicldcd by Defendant. 14, Admittcd in part and denied in part. It is admitted that the partics conductcd ncgotiations through counscl for scttling thc propcrty claims of PlaintilT. It is furthcr admittcd that on January 14. 1997, and on January 23. 1997,Plaintil1's counscl offcrcd to allow Defcndant to kccp thc items cnumcratcd in this Paragraph in cxchangc for all othcr itcms Iistcd in a shcrin's Icvy and in bankruptcy documcnts filcd by Plaintil1: and to scc that Plaintil1's prior replevin uction bc discontinucd with prejudicc, It is dcnicd, hOll'c\'cr. that Dcfcndant's counscl or Dcfcndant c\'cr acccptcd the otTcrs extcndcd by Plaintin's ~ ('0') ~ ''- N ,- .. ::J..... lll~1 - 0":' '-J;;' ~ Ij:".: Fe. ' ,:>.., ,~:~;;j ~~. t., >.~- c- .,-';') r: N ~ ;,.-: UJo'J. .,'-;-' Li:u, (." .1i:j - " ....... i';~' "" ..~- ....~ II. ..... :-J 0 CT' U >- (' I '>, 1'";1 ~. , ,:: ii, , , 1\: ," , . , " : " i-:- - ...: q" I ~: r"-, () , '",,; L.: r.: ( t::, , ... f"':"'; . (:"J -./' 0 JOHN H. HOCKER, IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PlaintilT vs CIVIL ACTION. EQUITY MARY JANE SPENCER, NUMBER: 97 - 2558 Defendallt ANSWERS TO FIRST SET OF PI.AINTIFF'S INTERROGATORIES DIRECTED TO DEFF.NDANT NOW COMES thc PlaintilT, John H, Hocker, by his attorney, John Wesley Weigel III, pursuant to thc Pennsylvania Rules ., Civil Procedure, to propound the following interrogatories upon the Defendants, Please respond to the following interrogatory within the next thirty (30) days of service: I, Please state the name and address of each witness whom you expect to call as a witness at trial and describe the testimony each witness is expected to give, ANSWER: Mary Jane Spencer, 203 Log Cabin Road, Newville, Pennsylvania, will testify concerning all ofthe items, including the intention of PlaintilTwith respect to her understanding and his agreement to forego any claims for a further distribution of property by arrangement made to come get all of his personal property in March 1997, From the time the grand piano was purchased it was intended as a gift to Mary Jane Spencer and was to always stay in her home. The purchase of the waterbeds and chest freezer were also gifts intended for the use of Mary Jane Spencer and her children. Glenn Gow, Carlisle, Pennsylvania, will testify that the garden benches were made for Mary Jane Spencer, He will further testify that Hocker made the Adirondack chairs for Mary Jane Spencer, and in fact made one of them to specifically be lower in height since Mary Jane is short. Glenn Gow will testify that be helped Hocker make the five piece picnic table for Mary Jane Spencer. Glenn Gow will testify that he loaded personal property, including money, tools and items from the shop to move them from Mary Jane Spencer's property for Hocker. Tommy Austin, Log Cabin Road, Newville, Pennsylvania, will testify that the grand piano was referred to by Hocker as "her piano" in reference to Mary Jane Spencer, He will also testify that Hocker made the picnic table and Adirondack chairs as well as garden benches for Mary Jane Spencer. A. Joseph Spencer, 203 Log Cabin Road, Newville, Pennsylvania, will testify as to the ownership of the grand piano, the waterbeds, the chest freezer, the various other tools and items as to whether or not they are presently on the property, have been removed ,",,-.~,,- "'-t" ....0.-"'" ..---..,~ >- C'. I , -, t'- j' ~ i -, " .. (' -; lJ , r.;~ (); -, fi~ ~. - "" -, .~ , 'I), , - C\". ,..., IJ,: C', " -. l:i: " c, :.:: i c. , . '.1 -~ t~ . ,'~ ::) , ' c.., (.) JOHN H. I'IOCKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : CIVIL ACTION - EQUITY MARY JANE SPENCER, Dcfendant : 97-2558 Civil Term MOTION TO COMPEL DISCOVERY AND NOW COMES Movant John H. I-locker, Plaintiff in the abovc mattcr, by his attorney, John Weslcy Weigel III, to move thc court to compcl discovcry, alleging as follows: I, On Fcbruary 10, 1998, Movunt scrved upon Respondent a first set of intcrrogatories and a requcst for production of documents by first-class mail, Copies of these documcnts arc markcd Exhibits "A", attachcd hcreto, and incorporatcd hercin by referencc, 2, On February 23, 1998, Movant scrved upon Rcspondent a second sct of interrogatories, a copy of which is marked Exhibit "B", attached hcrcto, and incorporated hercin by referencc, 3. Respondent has failcd to rcspond to either the interrogatories or the request for production of documents within the thirty-day timc limit allotted, and continues to fail to rcspond. 4, Respondent has not asked for an extension of time in which to respond to the interrogatorics or request for production of documents, WHEREFORE, Movant John H, I-locker rcquests that the court grant an order requiring Respondent Mary Junc Spencer to answer the intcrrogatories and request for production of documents scrved upon her. >- c' .... u: u'; E-; '.. /.- t;.:: 5 :='~. U.I'.:.; ~,<7 " ,..... ,- G~ ~_ ,I ~- ~'...:.l.>. ,< I ,-' I-I :~:j ~'(-i :- c.r..: c:> -~, ('-~ M ,,1.., . t.l-:,(~, .,-'" ~,J ~ I ' r< - ,- ,,;'..J w. .'. ~ -.;.r~ tl.. r;;; :.c I L ce :5 Ll G' 0 1', Tc1cvision $ 150.00 g. Camcorder $ 400,00 h, VCR $ 50,00 i, High chair $ 100,00 j, Two cabin benches $ 50,00 k. Collcetion of shot glasscs $ 150.00 I. Two garden benehcs $ 130,00 m, Two Adirondack chairs $ 190.00 n, Fivc piece picnic tablc $ 180,00 0, Antique dinner bell $ 400,00 p, Two shotguns and binoculars $ 400,00 q, Thrce ladders $ 400,00 r, Air hosc $ 50,00 s, Log splittcr $ 400.00 t. Two wheel trailer $ 50,00 u, Two hammcr drills $ 150.00 v, Iron kettle $ 50,00 w, Redwood picnic table and $ 25.00 benches x, Cutting torch $ 400.00 y, Set ofwrenchcs $ 25,00 z. Two metal clamps $ 5.00 au, Extcnsion cords $ 25,00 bb. Sawall $ 50.00 ~ .:r :,.- c t:- ,- <, .~.-) .'" ,.- C::, u.!(' )..... - '. -, (.) .. :f': .):.! ~~-' ...;:; ..,3 c' ~ .:~ , ,-'" lj),:.!. - ." ~? J - ,::"tQ U:'.' . r- .' :.:> ,.jU- ,- -) ',- ", r- ".:-) (.1 cr [) aware of his claim, and having failed to raise it in a timcly manner, Plaintil1's claim for the tractor should be time,barred by the statute of limitations, Further, the Plaintiff and thc Defendant were engaged in January, February and March of 1997 in discussions to resolve any and all claims conccming thc division or return of personal property. Defendant, Mary Jane Spencer had, at her own expcnse, rented a storage unit in Shippensburg, and had paid for thc packing and moving of many items of personal property to the storage unit. These items included many documentary records and furniture and personal property items bclonging to Plaintiff. Plaintiff was given the information concerning the location of the storage unit, the receipt for the storage unit, and the key for the storagc unit, so that he could procure his personal property when he was released from Cumberland County Prison on his Driving Under the Influencc charges, During the time between January and March of 1997, a gcneral agreement was reached between thc Plaintiff and the Defendant concerning removal of pcrsonal propcrty and resolution of any claims, The discussion between counsel and Plaintiff and Defendant culminated in an arrangement on March 22, 1997, whereby Glcn Gowl and scveral othcr people came to Mary Janc Spencer's property at 203 Log Cabin Road, and removed several truck loads of items. It is noted that in the discussion and letters there is no mention of any tractor. The Petition to amend the Complaint and add the tractor as a claim in this matter occurred after March 1997 and not until February 23, 1998, II, LEGAL ISSIlES The legal issues facing thc Court arc thc statute of limitations claim with respect to thc tractor, The tractor was not added to the claim until more than two (02) years after Hocker left the property in January 1996, The other issue to bc decided by thc Court is Page 2 of Five the ownership of various items of personal property and the intentions of the partics in their dealings concerning the purchase and use of various personal property items. III. WITNESSES Defendant, Mary Jane Spencer, 203 Log Cabin Road, Newville, PA 17241 A. Joseph Spencer, 203 Log Cabin Road, Newville, P A 17241 B, Christie Spencer, 226 Pine Road, Ml. Holly Springs,PA Glen Gowl, 1105 Sadler Drive, Carlisle, PA 17013 Bob and Cheri Stouffer, Log Cabin Road, Newville, P A 17241 John McCrea, Ill, 221 Doubling Gap Road, Newville, PA 17241 Plaintiff, John 1-1. Hocker, as on cross examination, The Defendant will testify concerning ownership and gifting of various items, including the water bed and piano as well as the other tools and machinery that were given to Mr, Hocker in March 1997. She will also testifY concerning the fact that she docs not have several of the disputed items and has no knowledge of their location, but believes that Mr, Hocker must have removed those items from her property prior to February 1996. A. Joseph Spencer will testifY concerning the items that were removed and the fact that he helped Glen Gowlmove and pack various items as shown by the list Glcn Gowl used when packing items, Glen Gowl will testify concerning the items that he helped to pack and move from 203 Log Cabin Road, as well as his knowledge of the use of other personal property items like thc piano and beds which were intended by Hocker to be gills to Mary Jane Spencer, Christie Spencer will also testify concerning the personal property items in dispute, including ladders and the piano and purchase of the beds, one of which was a gill to her, Page 3 of Five Bob and Cheri Stoull'cr will testify concerning personal property, tools and machinery, the use of those items and thc intention of Hocker to gift thc piano and fumiturc items to Mary Janc Spencer, his statemcnts acknowledging that and his having had the guns which hc now claims he does not have, The witnesses will also tcstify as to Mr, Hocker's character and valuation of items, was well as their familiarity with the items listed in the Complaint, their condition, and thc value of such items, John McCrea will testify as to his purchasc of a saw from Mr, Hocker and his knowledge of various of other personal property items, IV. EXHIBITS All documents, including correspondence dated January 14, 1997, January 23, 1997, February 18,1997 and March 17, 1997 from John Wesley Weigel, III, Counsel for John H, Hocker to Sally Winder, Counsel for Mary Jane Spencer, two page list used by Glen Gowl on Saturday, March 22, 1997, whcn property was loaded, which document is titled John H, Hocker's list (Saturday, 3/22/97), Court documents and correspondence followed to number 1740 Civil Term 1990, including a letter from the Cumberland County Sherifrs Office dated February 04, 1992, a notice of property claim dated January 23, 1992 filed to 1740, Civil 1990, Flo Co, lnc, vs, John H. Hocker, and the property claim filed in the Flo Co vs, John H, Hocker and Jenny D. Hocker, Claim 1740 Civil 1990, a property claim dated January 22, 1992, and signed by Claimant, Mary Janc Spencer, listing thc piano, bcds, VCR, and other furniture items, including chairs, picturcs, dryer, freezer, lamps and other various items as Claimant's property, photographs, including photographs ofthc job site in Amberson, Pennsylvania, owned by Carl and Ann Habig, where ladders, extension cords, and other miscellaneous tools and items were left when Page 4 of Five ~ r-' ~ ~ c-.: '/.: ~ . .. UJR ,") ~ ' u......, .- ,- IF'i' ..'- ';:;-- .1-- c.. c~~~ C.I' ,'(. ., .... . ".' ,.-,' ~. ~-;~ Irr' - c;,.: (t\.i' :- 1'.!ILl ~: ,no.. \- --- ;..: - L'- 0 '-:.J 0 C (.) PLAINTIFF'S EXHIBIT 3/;:;?)ot IJJC'/ 1.~'-'" I , , .... _.__....-_~.._...t. ."'-'" 30B OTBI011 304911i373 j, $101B3.01AT 1< , I 'j ~~:i'~~ I - n.H\ I ~ I ! . V 1 1 Air Compressor Shop V'" 2 1 Band Saw (w/Sanding Attachment) Shop ~ 3 1 Belt Sander Shop 4 2 Benches (Large - Work) Shop if 5? Benches (Small - For Sitting) Shop "..,- 6 1 Box (Green = Large) Shop 7 2 Chain Saws Shop 8 1 Concrete Float (3 Handle~& 1 Head) Shop 9 1 Drill Press Shop 10 ? Electrical Hardware ' Shop 11 1 ~xtension Cord (Longer of2 Red - Bell) Shop 12 ? Garden Shovels, Hoes, & Rakes Shop 13 1 Genemtor (4,000 Watt) Shop 14 1 Grinder (2 Wheel- Electric) Shop 15 ? Hand Tools (Many) Shop 16 1 Jointer Shop 17 2 Kerosene Heaters (Yellow & White) Shop 18 1 Lathe (3') Shop 19 1 Lunch Bucket Shop 20 1 Miter Box & Saw (Large - Hand) Shop 21 1 Miter Box (Rockwell) Shop 22 1 Pegboard Shop 23 24-? Pins (Metal Surveyor's - Boxed) Shop v 24 1 Radial Ann Saw (Dewalt) Shop V 25 3 Routers Shop V"" 26 1 Sander (Palm) , Shop O/'/L ':J' 27 2 Squares (Large - Aluminum) Shop V 28 1 Table Saw Shop .,/ 29 1 Thennos (2 qt.)' Shop V 30 1 Transit (Head, Case, Tripod, & Rod) Shop t/ 31 1 Vice (Bench) Shop , , r../ 32 1 Cordless Sprayer (Electric) Shop/Shed ~ 33 ? Extension Cords (Electric - Several) Shop/Shed ./ 34? Wire Shop/Shed ~ 35 3 Benches (Small- Wooden) Shop I? I Garden V 36 1 Sickle /f Shop (On Wall) ~ 37 2 Fans (20" Electric) " . Shop (Ceiling) c"" .. '~ ,:,~ ,138 2 Walkie-Talkies Shop (Above Compressor) / / v v V V'"" V 1'10 v' V"'" V JZ:Jv V"" , 4-, V V V V V JOHN H. HOCKER'S LIST (SATURDAY, 03/22/97) r-<~?c. l~" <.: '-, ~v .., PAGE 1 OF! / /V 39 1 Lawn Roller (3'. Water - Pull Behind) V 40 1 Garden Plow (Walk Behind) V 41 ? GasCans ~ 0.... L. 42 4 Ladders (Mise, Sizes) vi' 43 1 Lawn Vacuum (Large. Pull Behind) V" 44 50r4 Log Chains 0,'1 0.. (JI't(4 tcoA5 1 Log Spitter v 46? Lumber (On Wall) o l< 47 NO Spreader (20" - Fertilizer) I v' 48 1 Spreader (4' . Fertilizer - Pull Behind) I c.~";I'\-;" \ 49 1 Step Ladder (4' = Fiberglass) I - ! 'T k,owl\ (Ivt>.,.sO 1 Weed Eater (Gas) I V . 5 1 1 Wheelbarrow (Large - For Concrete) I v 52 1 Nuts &. Bolts (Case) v 53 1 Knife &. Steel (Hinkel) '" a 54 1 Binoculars NO 55 1 CamCorder NO 56 1 High Chair vi 57 5 Spindle-Back Chairs NO ~8 1 V.C.R., v 59 1 Adding Machine (Electric) V 60 ? Books v 61 ? Chairs V 62 ? Picture Frames V 63 1 Table v 64 2 Lumber (By 2 Trees) V 65 1 Snow Plow Blade Stand ("X"-Shaped) ./ 66 1 Battery Charger V 67 1 Box (Old/Green = 4'x2'x2') V 68 1 Cooler (Round White Styrofoam) .,/ 69 1 Deep Freeze (Upright - Not Chest) v 70 ? Scythe (Large) v 71 1 Shovels & Rakes v 72 1, Lawn Mower (Gas - Atlas) V 73 1 Stove (Cast Iron) tJ 0 74 2 Benches (Redwood) N () 75 1 Picnic Table (Redwood) '" 0 76 ? Rubber Sheeting (All) PAGE 2 OF2 .. ' Shed (Beside) Shed Shed Shed Shed Shed Shed Shed Shed' Shed Shed ,Shed, Shed Laundry Area (Above) Kitchen (Drawer to Left of Sink) House House House' House House Garage (Loft) Garage (Loft) Garage (Loft) . Garage (Loft) Garage (Loft) Garage (Behind) Garage (Behind) Garage Garage Garage Garage Garage Garage Basement Basement ? ? ? 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