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SHERIFF'S RETURN - REGULAR
CASE NO: 1997-04121 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARRELL BERNARD C
VS.
MCNAUGHTON CAROLYN L ET AL
DAWN L. KELL Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon MCNAUGHTON CAROLYN - the
defendant, at 1755:00 HOURS, on the 5th day of August
1927 at 925 CENTER ROAD
NEWVILLE PA 17241 .CUMBERLAND
County, Pennsylvania, by handing to GEORGE L. MCNAUGHTON. ADULT IN
CHARGE FOR DEFENDANT
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing H" attention to the contents thereof.
Sheriff's Coats: So answers:
Docketing 18.00
Service 8.68
Affidavit .00
Surcharge 2.00 K. Thomas Kline. Sherizz
€29-6S'BROUJOS AND GILROY
08/06/1997
by A-L
Deputy Sheriff
Sworn and subscribed to before me
this 4 "' day of
1941 A. D.
-?ct Ct )k a[ t
ro ono ary
SHERIFF'S RETURN - REGULAR
CASE NO: 1997-04121 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARRELL BERNARD C
VS.
MCNAUGHTON CAROLYN L ET AL
DAWN L. KELL . Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon MCNAUGHTON GEORGE P the
defendant, at 1755:00 HOURS, on the 5th day of August
1927 at 925 CENTER ROAD
NEWVILLE. PA 17241 CUMBERLAND
County, Pennsylvania, by handing to GEORGE L. MCNAUGHTON
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing RJR attention to the contents thereof.
Sheriff's Coates So answer
Docketing
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Surcharge 2.00 K. Th omas K line, 511 9i
-W6.799AND GILROY
08/06/1997
by
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D eputy S herill
Sworn and subscribed to before me
this 6 t' day of
19-If 7 A. D. 8
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BROUJOS $-GILROY, P.m
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CARU*M PENNSYLVANIA 170
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BERNARD C. FARRELL :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
:
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CAROLYN L. McNAUGHTON and
GEORGE P. MCNAUGHTON
Defendant :CIVIL ACTION
NOTICE TO PLEAD
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 (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing
in writing with the Court your defenses or objections 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 for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR
Cumberland County Courthouse
Carlisle, PA 17013
(717) 210-6200
tenp.ID7
BERNARD C. FARRELL
Plaintiff
s IN THE COURT OF COMMON PLEAS
OF CUMBERLAND Cn[INT9_ ornm-evr.vaura
v
CAROLYN L. MCNAUGHTON and
GEORGE P. MCNAUGHTON
Defendants
S
NO: 97 - y/.; j Cac i 7-c.--
:
COHPLAINT
Plaintiff, Bernard C. Farrell, by his attorneys, Broujos 6 Gilroy,
P.C., sets forth the following:
1
Plaintiff is Bernard C. Farrell who is an adult individual residing
at 530 Doubling Gap Road, Newville, Cumberland County,
Pennsylvania.
2
Defendants are Carolyn L. McNaughton and George P. McNaughton who
are adult individuals and husband and wife and reside at 925 Center
Road, Newville, Cumberland County, Pennsylvania.
3
Plaintiff is a veterinarian and owner and sole proprietor of a
veterinary business located at 108 Carlisle Road, Newville,
Cumberland County, Pennsylvania which business is called Farrell
Veterinary Clinic (hereinafter referred to as "Veterinary
Business").
4
From on or about January, 1991 through on or about March, 1997,
Defendant Carolyn L. McNaughton worked as a book.ceeper for the
Plaintiff in the Veterinary Business.
5
In the course of Defendant Carolyn L. McNaughton's employment with
the Plaintiff, Defendant regularly had in her possession and
control cash belonging to the Plaintiff.
6
Commencing in January, 1991 and on numerous specific occasions
through on or about March, 1997, Defendant Carolyn L. McNaughton
fraudulently took and converted to her own use various amounts of
cash belonging to the Plaintiff and, in conjunction with this
taking of cash, falsified bookkeeping entries, deposit records and
other business records of the Plaintiff.
7
The total amount of cash taken by Defendant Carolyn L. McNaughton
from the Plaintiff was $209,125.99.
8
Plaintiff and his employees have invested numerous hours in
connection with reviewing records to document the thefts from the
Plaintiff's business by Defendant Carolyn L. McNaughton, to work
with his accountant on revisions of income tax returns and other
miscellaneous matters in connection with Defendant Carolyn L.
McNaughton's theft. The amount of hours put in by both Plaintiff
and his employees total 460 which has a value per hour to the
Plaintiff of $40.00 and the resulting loss to the Plaintiff of
$18,400.00.
9
In connection with Defendant Carolyn L. McNaughton's thefts from
the Plaintiff, Plaintiff has incurred accounting fees and will
incur additional accounting fees to file amended tax returns.
Estimated accounting fees are $2,450.00.
10
As a result of Defendant Carolyn L. McNaughton's theft and in
accordance with the institution of this law suit, Plaintiff has
incurred various attorney's fees and anticipates that attorney's
fees will be in the neighborhood of $5,000.00.
11
Defendant George P. McNaughton was aware of the thefts by his wife
and Co-Defendant Carolyn L. McNaughton from the Plaintiff and it is
believed and averred that Defendant George P. McNaughton may have
directly or indirectly aided, abetted and conspired with his Co-
Defendant Carolyn L. McNaughton in the thefts of the mentioned
monies from the Plaintiff.
12
It is believed that monies taken from the Plaintiff by Defendant
Carolyn L. McNaughton were co-mingled in joint funds of Defendants
Carolyn L. McNaughton and George P. McNaughton and it is further
believed that said monies may have been expended for the benefit of
Defendant George P. McNaughton who was unjustly enriched and
benefitted by all monies taken by Co-Defendant Carolyn L.
McNaughton.
13
The actions of Defendant Carolyn L. McNaughton in stealing money
from the Plaintiff and the actions of Defendant George P.
McNaughton in aiding and abetting such thefts and in knowingly
reaping the benefits of said thefts constitute outrageous conduct
that was willful and malicious and demonstrated malice,
vindictiveness and wanton disregard for the rights of the Plaintiff
by the Defendants thereby entitling the Plaintiff to an award for
punitive damages.
14
The conduct of both Defendants in this matter was in bad faith and
thereby entitles the Plaintiff to an award of attorney's fees
pursuant to 42 Pa.C.S.A. $1503(9).
WHEREFORE, Plaintiff requests your Honorable Court enter judgment
against the Defendants in an amount in excess of $25,000.00 which
amount exceeds the compulsory arbitration rules of Cumberland
County and which shall compensate the Plaintiff for the followings
A. Return of monies stolen from the Plaintiff by the
Defendants.
B. Interest on said stolen monies at 6%.
C. Reimbursement to Plaintiff for time expended in
connection with handling the investigation and accounting
matters for the stolen monies.
D. Accounting fees incurred by the Plaintiff in connection
with the stolen monies and in connection with this
litigation.
S. Punitive damages.
F. Such other relief as the court may deem appropriate.
9! N- 2A
Hubert roY. a4u re
Broujos i Gilroy P.C.
4 North Hanover Street
Carlisle, PA 17013
717-243-4574
I verify that the statements made in the foregoing document 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 uneworn falsification to authorities.
BERNARD C. FARRELL
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BERNARD C. FARRELL,
Plaintiff,
Vs.
CAROLYN L. McNAUGHTON and
GEORGE P. MCNAUGHTON,
Defendant.
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 97-4121 CIVIL TERM
PRAECIPE
Please enter my appearance in the above referenced action on behalf of the
Defendants, Carolyn L. McNaughton and George P. McNaughton.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Defendants
Date: August 22, 1997
F.
11 East High Street
Carlisle, PA 17013
(717) 243-5513
I.D. #44693
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BERNARD C. FARRELL,
Plaintiff,
VS.
CAROLYN L. McNAUGHTON and
GEORGE P. McNAUGHTON,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 97-4121 CIVIL TERM
CERTIFICATE OF SERVICE
AND NOW, this ?y day of
1997, I, CAROL J. LINDSAY, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER
& LINDSAY, Attorneys, hereby certify that I served the within Praecipe this day by depositing
same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania,
addressed to Hubert X. Gilroy, Esquire, Broujos & Gilroy, 2 North Hanover Street, Carlisle,
Pennsylvania 17013.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Defendant
By --Ii
ar . Lindsay, squire
11 East High Street
Carlisle, PA 17013
(717) 243.5513
I.D. M 44693
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BERNARD C. FARRELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 97-4121 CIVIL TERM
CAROLYN L. McNAUGHTON and
GEORGE P. MCNAUGHTON,
Defendant
CIVIL ACTION
PRELIMINARY OBJECTIONS
Now comes CAROLYN L. McNAUGHTON and GEORGE P. McNAUGHTON, by and
through their counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C., and objects to the
Complaint filed by the Plaintiff as follows:
1. DEMURRER:
1. in Paragraph 10 of the Complaint, Plaintiff avers that he has incurred various
attorney's fees and anticipates incurring additional attorney's fees of approximately $5,000.00 in
the prosecution of his case.
2. The recovery of attorney's fees in civil litigation is not permitted absent statutory
authority.
WHEREFORE, Defendants pray this Honorable Court to strike Paragraph 10 of the
Complaint.
11 MOTION TO DISMISS FOR FAILURE
TO CONFORM TO RULE OF COURT
3. The caption of the case fails to conform to Rule 1018 of the Pennsylvania Rules of
Civil Procedure in that it does not indicate whether the action proceeds in law or equity.
c:\wpS1\m.naughlun\pmhmmary As) I&# ?. p?cmb.r R.i'rl7
4. Paragraph 12 of the Complaint purports to state a claim in equity, that of unjust
enrichment, but other paragraphs purport to state a claim which sounds in law.
WHEREFORE, Defendants prays this Honorable Court to strike the pleading.
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for 9 ?
By .
Mad W65'
Carol J. Lind y, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date: ti ?77 7
c\%P3I\mrnaughlun\pwlimilia ry."hi lik i %q umbe, SAW7
VERIFICATION
I, the undersigned, hereby verity that the statements made in the within Preliminary
Objections are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Carolyn L. cNaughton
Date:__ ?./ 7
r:\rp51\mcnaughwn\prclunmary+dg Lic # ticpwmbcr k.I'rh7
BERNARD C. FARRELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CAROLYN L. McNAUGHTON and
GEORGE P. MCNAUGHTON,
Defendant
NO. 97-4121 CIVIL TERM
CIVIL ACTION
CERTIFICATE OF SERVICE
AND now, this day of , 1997, I, Carol J. Lindsay, Esquire,
of the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that
I served the within Preliminary Objections this day by depositing same in the United States Mail,
First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Hubert X. Gilroy, Esquire
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Defendants
By
Carol J. Lindsay, Esquire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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BERNARD C. FARRELL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
vs. NO. 97.4121 CIVIL TERM
GEORGE P. McNAUGHTON
CAROLYN L. McNAUGHTON, JURY TRIAL DEMANDED
Defendants :
TO THE PROTHONOTARY:
Enter Judgment by Agreement of the parties in favor of Bernard C. Farrell and against
Carolyn L. McNaughton in the amount of $ 212,632.00 with interest of $ 38,293.63. No other
interest shag be charged on the judgment. Dismiss the Complaint against George P. McNaughton.
lei
Carol J. Linds y, Esquire
Attorney for cNaughton
lf?ll?
Hubert X. G y, Esquire
Attorney fo Fam g
McNaughlon agt. to enter
IN RE:
August 10, 1999
GEORGE P. McNAUGHTON
CAROLYN L. McNAUGHTON,
Debtors
BERNARD C. FARRELL
PATRICIA FARRELL,
Plaintiffs
V8.
GEORGE P. McNAUGHTON
CAROLYN L. McNAUGHTON,
Defendants
BERNARD C. FARRELL
PATRICIA FARRELL,
VS.
Plaintiffs
CASE NO. 1.98-00085
ADVERSARY NO. 1.98-00110A
CHAPTER 7
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 97.4121 CIVIL TERM
JURY TRIAL DEMANDED
GEORGE P. McNAUGHTON
CAROLYN L. McNAUGHTON,
Defendants
THE parties hereto are BERNARD C. FARRELL and PATRICIA FARRELL, hereinafter
FARRELL. Plaintiffs in the captioned Adversary proceeding and Civil Action; and GEORGE P.
McNAUGHTON and CAROLYN L. McNAUGHTON, hereinafter McNAUGHTON. Defendants in
the captioned Adversary proceeding and Civil Action.
WHEREAS, on July 29, 1997, FARRELL filed an action against McNAUGHTON in the
Court of Common Pleas of Cumberland County, Pennsylvania, to No. 97-4121 Civil Term; and
McNaughton file #5411.37-01 Agt to enter judg August 10. 1999 tib
WHEREAS, the Court of Common Pleas of Cumberland County, Pennsylvania, entered an
Omer of Restitution in the amount of $212,632.00 on December 16, 1997, to the No. 97-0741
Criminal Term against Carolyn L. McNaughton; and
WHEREAS, The Clerk of Courts of Cumberland County, Pennsylvania, has entered
judgment in favor of the probation office against Carolyn McNaughton on the restitution Order at
Docket No. 99-3720.
WHEREAS, on January 9, 1998, McNAUGHTON filed a Petition under Chapter 7 of the
Bankruptcy Code to the above case number; and
WHEREAS, on April 15, 1998, FARRELL filed a Complaint for Determination of Non-
dischargability in the bankruptcy case; and
WHEREAS, the Complaint for Determination of Non-dischargability, the Restitution Order
and the Complaint filed by FARRELL in Cumberland County, Pennsylvania, are attempts to
collect an obligation claimed by FARRELL against Carolyn L. McNaughton; and
WHEREAS, the parties hereto intend to finally settle all FARRELL's claim against
McNAUGHTON.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, and intending to be legally bound hereby, the parties agree as
follows:
1. McNAUGHTON will cause a Judgment to be entered in the adversary action in the
Bankruptcy Court acknowledging the non-dischargability of FARRELL's claim against Carolyn L.
McNaughton in the amount of $212,632.00 with interest of $38,273.63. No other interest on the
judgment shall accrue.
2
.
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McNaughton file #5411.37.01 Agt to enter Judg August 10, 1999 Ijb
2. FARRELL will withdraw the Complaint for Determination of Non-dischargability as
against George P. McNaughton.
3. Carolyn L. McNaughton will permit the entry of a judgment against her by FARRELL
in the Court of Common Pleas of Cumberland County, Pennsylvania, in Civil Action 97-4121 in
the amount of $212,632.00 with interest thereon fixed at $38,273.63 only. Notwithstanding the
terms of Paragraph 1 above, FARRELL shall collect no more than $212,632.00 with interest fixed
at $38,273.63 from Carolyn McNaughton.
4. FARRELL will mark the Civil Action 97-4121 settled and discontinued as against
George P. McNaughton.
5. FARRELL will acknowledge against the civil judgment, and the judgment entered by
the Clerk of Courts, and the restitution Order, credit for all monies received by them from
McNAUGHTON, whether such monies have for their source payments on restitution, payments
received by the Trustee in Bankruptcy, or payments from any other source on behalf of Carolyn L.
McNaughton. FARRELL will not execute on any judgment entered in their favor against Carolyn
L. McNaughton so long as Carolyn L. McNaughton is making restitution payments satisfactory to
the Court of Common Pleas of Cumberland County, Pennsylvania.
6. The parties acknowledge that Carolyn L. McNaughton is the contingent beneficiary
of a certain Trust established by Audrey Y. Davis on September 30, 1985.
7. The parties further acknowledge that the Trustee in Bankruptcy has claimed an
interest in Carolyn L. McNaughton's contingent share of said Trust.
8. Upon payment of the aforesaid $212,632.00 with interest of $38,293.63, FARRELL
will withdraw, cause the Clerk of Courts of Cumberland County to withdraw or otherwise mark
3
McNaughlon file #5411.97.01• Agt to enter judg August 10, 1999 tjb
settled and discontinued, any judgment entered on the Order of Restitution, and will mark
satisfied the judgment entered on Civil Action 97-4121.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
date first above written.
WITNESS:
v/ y
Bernard C. Farrell
Patricia Farrel
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Carolyn'l.. McNaughton
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F TILES?CGents`,12806 FarrelPJudgment satified
Created: 9/20/04 0:06PM
Revised. 9130!09 3:13PM
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
BERNARD C. FARRELL,
Plaintiff
V.
CAROLYN L. MCNAUGHTON and
GEORGE P. MCNAUGHTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1997-4121,/
CIVIL ACTION - LAW
PRAECIPE TO SETTLE DISCONTINUE AND END
TO THE PROTHONOTARY OFCUMBERLAND COUNTY:
Kindly mark the above-referenced matter as settled, discontinued and ended. 154
Respectfully submitted,
2
bert . Gil , Esquire
D. 2
Martson Law Offices
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DATE: September 28, 2009
OF THE ROTHnNOTiARY
2009 OCT -Z PM Z: 57
Cum i b?, ; : NTH
PENNSYLVANIA