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Home My WebLink About98-00204 .> ::.. .~. ~ -Sl 3 <C "J /J c., > >-- - " ,.,;~ .,4 ....;}1;' ..~'1fJ. ~,. ,,' f "- ~ ....... .~ ~ '::l-- ~ 11 ~\ ~ NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY 9 t h JUDICIAL DISTRICT CUMBERLAND COUNTY COUHTIIOUSE CARLISLE, PA 17013 fROM / . I y, q J" DISTRICT JUSTICE JUDGMENT COMMON PUloS No. If 6' - .J..() i C. ;..." I -r,. r..... NOTICE OF APPEAL Notice is given that Ihe appellant has filed in the above Court of Common Plea. on appeal from Ihe judgment rendered by the Di.trict Ju.tice on ,he dote and in the case mentioned below. NAME. Of APf'ELLANT MAGD' .N O<lNAMf OJ 09-3-02 HELEN B. SHULENBERGER STATE ZF 00f ERNEST JACOBY AOCMl Of APPfllANt aTY 17013 151 N. MIDDLETON ROAD N IN THE A (I'\:J/t1NII CARLISLE PA , DcIctldMt J 97 PAULA MARIE LAVELY EHNEST JACOBY, INC. V 01101\176-97 ~ ERNEST JACOBY AND . NApA~[[R'~~'~~N~,COUNTERCLAHI) CVxlll LT 19 This block will be signed ONLY when Ihis notation is required under Po. R.CPJP. No. tOOSB. This Notice of Appeal. when received by the District Justice, will operate os 0 SUPERSEDEAS to the judgment for possession in this case. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 100 I (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Pro/honorary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This see/Ion of fann /0 be used ONLY when appellant was DEFENDANT (see Pa. R.GP.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be selVed upon appellee). PRAECIPE: To Prothonotary Enter rule upon PAULA MARIE LAVELY Namo 01 appcllcc(sJ . oppellee(s), fa file 0 complaint in this appeal (Common Pleas No. 9 f - .).0'1 C!.. '.I.J' i (ON LAVELY VS. JACOBY) '-r;.rfVl ) within twenty (20) days after service of rule or suffer entry af judgment of non pro~ ~t& ~. (flL..J:- Signature 01 awe/lant Of his Btfomoy Of agent RULE: To. PAULA MARIE LAVELY N/Jme oIawc'lcc{sl , appellee(s). (1) Yoo ore notified that 0 rule is hereby entered upon yau to file 0 complaint in Ihis appeal within twenty (20) days after the dote af service of this rule upon you by personal service or by certified or registered maiL (2) K yoo do. not file 0 complaint within this time, 0 JUDGMENT OF NON PROS WILL BE ~NTERED AGAINST YOU. (3) The dote af service af Ihis rule if service wos by moil is the dote of moiling. C),u- O. /1-t..O~';m ~, Si lrfl 01 Fro1f>onotaty Of _ Dote: 1/14 ,19.9..8.... AOPC 312-84 1,1 l ~l.:'.' f " ~i '>- ~'.: ,- lLJD C.J":, [.-< . .,...;(' 1._.. a'~ c @'i '"'~ !'L -, u: ~.~ i"'::: lI_ o ~ I ~ .... vi \,., ~ ~) .,0 -oJ N ~"'Vj -;- ,- [.. .' ~-l , . .. .. lr- C) ~ ,~) ;.; .,- .,c:: }..'..; .. ..~~ " ...;,\ ..\:': ,.jih r~lCL ::; (.) ,,:;! m 0' '-at' UO SOJldx9 UOISSIWWOO };V\I /e/:J/lJO/O 911I1 spew SUM IMf1P!lJf1 WOI/M 8JO/8Q /9/'1/10 /0 OJnleu8!s -61 ' ~O AVa SIHl 3~ 3lJO~38 a381lJOS8nS aNY (a3~lJl~~V) NlJOMS '010J04 p040ene Id!oOOJ S,J9PUOS 'lIew (pOJOIS!GOJ) (pOIlIlJOo) ~q 0 OO!^JOS leUOsJod ~q 0 -61 ' uo pOssoJppe seM OlnlJ 041 W04MOI (s)OOlloddo 041 uodn leoddVlo oOIlON o^oqe 04lGul~uedwoooe IU!eldwoo e oll~ 01 olnlJ 041 PO^JOS Ile41 J041JOI pue 0 '010JO.4 p040ene Id!oOOJ S,JOpUOS 'new (pOJOlsIGOJ) (pO!lIlJOO) ~q 0 OO!^JOS leUOsJod ~q U 61 ' Uo' . (oweu) 'oollodde 041 uodn pue '010J04 p040ene Id!oOOJ S,JOpUOS 'lIew (POJOISIGOJ) (pOIlIlJOO) ~q 0 OOI^JOS leUOsJod ~q 0 '-61' (OOIMOS)O olep) uo UIOJ041 pOleuG!SOp oOllsnr 10!lIS!a 041 uodn ' 'oN seold uowwoo 'leoddVlo OOIlON 041jO ~doo e 0 IUr1W' /0 tJJnJeu6!s PO^JOS IIe41 wJ!Ile JO JeOMS ~qOJ04 I :~I^'lfal:l:l'lf n: ~O^~NnO~ IIINII^'^SNN3d ~o HnIl3MNOWWO~ (soxoq 9/q.o!ldde ~00'l::l .,.odd./O oOIlOU Oll/GU!I!I <J31:1\f SA \fa (Ot) N31 N/Hl/M 031/:1 3f} lSnW OOIMOS)O )oOJd SI'Il) ~NI'lf1dWO::> 311:1 O~ 31m:l ON'If 1'1f3dd'lf :10 3::>UON :10 3::>IM:l3S :10 :lOO~d - ., ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND lMo. D<1l.No.: 09.3-02 OJ Nlm.' Hon HBLEN B. SHULBNBERGBR _II" P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLB, PA ToOphone, (717) 776-3187 17241 ATTORNEY DBP PRIVATB : ATTY. MICHBLLB R. CALVERT 200 N. HANOVER ST. CARLISLB, PA 17013 " f THIS IS TO NOTIFY YOU THAT: JUdgment: Ii] Judgment was entered for: (Name) Ii] Judgment was entered against: (Name) NOTICE OF JUDGMENTITRANSCRIPl CIVIL CASE I. PLAINTIFF: NAME .""ADDnESS , ~VELY, PAULA MARIB I 82 BONNYBRooK ROAD \ CARLISLB, PA 17013 L " , VS, DEFENDANT: NAME."" ADDnESS [JACOBY, EARNEST 388 GBORGBTOWN ROAD GARDNBRS, PA 17324 L Docket No.: CV-0000178-97 ~_ Date Filed: 10/29/97 ~ POR PT.ATNTTPP T.a.'U'1ZT.V. 'Dam.a. Ma.RT~ in the amount of $ R nRn c;n on: .Tl!.rnRY, Rl!.RNRST ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. /'. , I .:: I . / 'J Date"..:d..; - . -) /, '_"'" L , District Justice I certify that this is a lrue and correct copy of the record' ~f the proceedings containing the. judgment: - . ' J.':" /. .~ i Date .7,.'.. . o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. O Amount of JUdgment Subject to AttachmenVAct 5 of 1996 $ o Levy is stayed for days or 0 generally stayed. (Date of Judgment) (Date & Time) 1?!,c;/Q7 o Objection to levy has been filed and hearing will be held: Date: Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 7.990.00 $ 90.50 $ .00 $ _00 $ 8.080.50 Time: . , My commission expires first Monday of January, Aope 315.96 2000 Post Judgment Credits Post Judgment Costs $ $ ------------ ------------ Certified judgment Total $ , . District Justice o' SEAL ... . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND HELEN B. SHULENBERGER .....u, P.O. BOX 155 27 W. BIG SPRING AVENUE . NEWVILLE, PA r'..hont':(717Y-776 - 3187 .' 17241 NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE PLAINTIFF: NAME .and ADCRESS !JACOBY, ERNEST -, 151 N. MIDDLETON RD E. E. JACOBY TRUCKING INC. ~ISLE, PA 17013 VS. DEFENDANT: NAME."" ADDRESS f1AVELY, PAULA MARIE 82 BONNYBROOK ROAD CARLISLE, PA 17013 L -, '-"Q. 0..1. No,: 09-3-02 ~ THIS IS TO NOTIFY YOU THAT: . Judgment: . . nTSMTSSRD """'...__.................-a __ .4 .J;~-.~.... .:::~4....."\.-tT-:.::-;;... u .--...::..-..:"...... ....-.r::.;:... D Judgment was entered ;0;: (Name) D Judgment was entered against: (Name) WID PRFl,mnrCR .-- ~ -;; ...... .-.:. ::.. ~... -. .-" I : I \ I f I' ~. . ' " . . .J ,1: _l - I f, I I l' ~ .J OJ Nlm.: HCln ~TTORNEY. FOR. PLAINTIFF.: .' ATTY. MICHELLE CALVERT 200 N. HANOVER ST. CARLISLE, PA 17013 Docket No.: CV-0000178-97 Date Filed: 11/26/97 CROSS COMPLAINT 001 " . .. ",~".:~..""-" in the amount of $ on: (Dale of Judgment) D Defendants are jointly and severally liable. D Dami\ges will.be assessed on: (Date & Time) [i] This.case dismissed without prejudice. Amount of Judgment Judgment Costs . . Interest on Judgment Attorney Fees Total $ $ $ $ $ .00 _00 .OQ .00 .00 D Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Levy is stayed for days or D generally stayed. Post Judgment Credits $ Post Judgment Costs $ D D ------------ ------------ CertllIed Judgment Total $ Objection to levy has been filed and hearing will be held: Date: Place: ...: ........ Time: .....: ," J ~. . . ANY PARTY HAS THE RIGHT TO APPEAL WITHII: 3D DAYS AFTER THE ENTRY Qe-JUOGMENT'BY,FIUNG A NOTICE ...., . '", . OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMO~L~/lS~ CIVIL DIVi~I<2N:: YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM wrrn YOUR NOTICE OF APPEAL. :.~: :~'l ,..,:' .: Dale '" . .: : District Justice "', 't,.' "'..:-' . ,'.. I certify that this is a true and correct copy of the record of the proceedings cant~!ni~;i iti~ jiJ~gment. ", '.' .,~' Date , District Justice My commission expires first Monday of January, 2000 SEAL Anpr::l1fi.QF; NOTICE OF APPEAL II COMMONWIALtH OF 'INNSYLVANIA COUlT OF COMMON 'UAS CUMBERLAND COUNTY 9 th JUDICIAL DISTRICT CUNBERLAND COUNTY COUltTHOUSE CARLISLE, PA 17013 FROM /,/y,qy DISTRICT JUSTICE JUDGMENT COMMON'UASN.. q' ~ - ,J6 'I C.. u" I r.. r..... I 'I NOTICE OF APPEAL Notice is gi_ thai the appellant has filed In the above Courl 0/ Common Pleas an appeal/rom Ihe judgment ,endered by Ihe Di.lricl Justice on lhe dale and in tho case mentioned bel""", i ~ " , , ERNEST JACOBY ADDIwor Al'ftUANJ TV M '" 09-3-02 HELEN B~ SHULENBERGER STATE zr COOf 151N. MIDDLETON ROAD IN HE tllalrt,t I CARLISLE PA " 17013 (~/ " I'" 12 15/97 ~ ERNEST JACOBY AND' . PAuCA"'MARI.J;:A ~AYELY (COUNTERCLAIM) I c.\"Jlt ~ loJ/}re.:J:" ',' /I appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in actIon before District Justice, lie MUST , FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PAULA MARIE LAVELY ERNEST JA OB , INC. . CVJflt 0000178-97 , LT 19 This black will be signed ONLY when Ihl. 'IOtallon i. required under Pa. R.cP JP. No. .I 10088. ' ~, " This Notlco 0/ Appeal, when received by the Distrlcl Jusllce, will operale as a 1 SUPERSEDEAS to tho judgment /or possession In this case. ' Enter rule upon PAULA MARIE LAVELY Nwne 0/ appeIIcc(51 -r; ( ", . appellee(s), l"flle a 'complaint hi /his appeal .". . "'':,'" 1 Signature 01 Prolhanotnry or Deputy I -; PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE , (This section of form to be used ONLY when appeliant was DEFENDANT (see Pa. RC.P.J.P. No. 1001(7) in action befora District Justice. fF NOT USED, detach from copy of notice of appeal to be served upon appellee}. ' PRAECIPE. To Prothonotary (CommonPleosNo. 9 r- .Jo</ C!...,'..,,; (ON LAVELY VS. JACOBY) ) within twenty (20) days alter service 0/ ,ule or suffer entry 0/ judgment 0/ non pros; ~Mh . ~ ..~..r' .' ',..' " SJQna/ln1 01."""""'" ex his 8ttomey ex llf}OflI , .. .-; ."_:,I'~l:' . RULE. To PAULA MARIE LAVELY Nama 0/ _5) , oppellee(s). (t) You are no~fiod that a rule is hereby entered upon you to file 0 complaint in this appeal within twenly (20) days alter the dolo 0/ service 0/ this rule upon you by penonal service or by certified or regi.tered maiL (2) 1/ you ~~i'/;Ie'cillon~plainl within this lime, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU. (3) Tho date of service of lhis rule if service was by mail is the dale 0/ mailing. Dote: X 1/1"- , 19..9..8... () ~"..... C' 11-t.-l)~~ ~ . ':::::# I S/glaIlm 0I1ltlIt_ ex 0tfxdY .... , ..' AOPC 312-84 ", '," , ~. ' i,/ ", II ' .,.', ' ..,.-.... . ",i .., ~ , ,. dO,' , ,j"'.','l I, PROOJ:' OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ',. ' ;.l (This proal 'of serv~ca MUST BE FILED WITHIN TEN (10~ DA YS AFTER lillng the nollce 01 appaal. Check appllcsbla baKes) , j()('.' ,~ . ......' 1', ,_, ',', J' COM.MO~WEAL TH OF PENNSYLVANIA '.1 ' COUNTY OF CUMBERLAND " )-~ ~''-' :",' ~."" ;11 'AFFIDAVIT: . I..herebyswea~ or efflrm that I ~erved' IXI a copy of the Notice of Appeal, Common Pleas No. 98 - 2 04 C I VI L , upon the Dlstrlcl'Justice 'deslg~ated thareln on "'0 .'. (dale 0' servlce)JANUARY 16 ,19.9..L, . 0 by personal service . ~ by (Certlfled)(regl~ieied) m~lI, s.ender's; .c\~ i ,:." receipt attached h'ereto, and upon the appellee, (n'ame) 'P~l1l^ MART" T AV"T.V' . '.'.',' - ..,,, .... ".. " ..1......: on: " 2\'~,..,,\, ,~:' JANUARY 14 ,19 98 ,00 b~ personal service 0 by (certified) (registered) mall. sender's receipt attache~likreio. ! ,')\\, .:,. .Wfandt~rther that.l,se,ved the RChmb F'Og.1'~~t~c~;!;;!,AAllI!Hf,~ above Notice 01 Appeal upo~ Ih"~ppeilee(si to;"'hom: the Rule was addressed on JANUARY 14 , 19.2L [1\ by personal service 0 by (certified) (registered) mall, se~der'~ recelPI attached hereto. . (ON APPELLEE' S ATTORNEY) SWORN (~ FIR~ED) AND,.sUB~IBED B~FOR.E ~.'n. THIS <1-- DAY OF ,TII-Al' ,19J/...Ji _ {~d iI /7J ill/l SIgnature ol ollJelal be/ore whom ellidavir was made ; /;/; f __ '~{i,t7:fJA~ ..Slgnsrur. 01 slf/anl ~-, "." \'. 'IP".. .:~'~~~,,:-:'j:\N"'~'! "J! "'::: My,commlsalon expires on' '..:..:l , , 9-.:..:-. '"l' ,. I ,-;,"il l','.f; .:1' -,~ ." ~. ~ I.' lJ I~ ; t l,,"'" :, ; ;- ";:1'1 '..';' _.:l/ ;.;:"", (_ . U"> '0 ,_~ CO ~'1 ~;: L.. ...J .) """.".: :,'1.1'1 '.... ~.t!..., ,-" ,r'..';;r,r ~..:dU;~ .'.' ...,...,;I~-,~;, ,~'" ,~n ~;.-i f" '.J\:l:l <fi;' - ;'-~~(~ 'l~4::ei' -~) ~' '-;~':d' i ~'f.-cr .:~ J ' :, '~~i~" ,':1'" " ~:. ~~.: ::? ,-1 ,. :~, -/ 'N ".:'~ i,~' . ~~ (7" ..~ -, .,:"........ 'i, ",' " , .. Not.rial S..I . ,Leah A. Millar. Notary Public Garlisle Bora, Cumburland County M\' Comml..ion ExpirO" Apnl17, 20~O I , ~. . _~. i r," ~ ": ",. _; , ..!,: '1, ;:" ,.. ,,-: ': 'n ""',', .'::::-.', r'." "I, - .~;(~ i", ,',: ,,". l'J ' ! i ~--' . U, v. : IN THE COURT m' COMMON PLEAS OF : CUMBERLAND COUN'I'Y, PENNSYLVANIA : NO. 08.204 CNIL TERM PAULA MARIA LAVELY, Plaintiff, ERNEST JACOBY, 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 written appearance personnlly 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 ajudgment 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249.3166 O. Dcfcndllntls In posscssion of thc following itcms of thc PlnintifT's property: picture, bowl and stand, stools, Am/FM C'llIsctte sterco consolc, antique jugs and crocks, collection of baskets, cookbooks, homemade bunnics, brass items, crlldle, porcelain doll, rag doll, hanging shelves, phones land, bookCllSe, square glass penny bank, bottle bookCllSe, tall glass jug, two touch Inmps, home Interior pictures and wnll shelves, 76 version of encyclopedias, bamboo fan chair, blue pattern rocker recliner, blue rocker glider, sectional blue sofa bed, glnss top colTee table, collection of tins, owl canister set (ceramic), dishes, silverware, pots and pans, butcher block knife set, microwave, linen towels, home entertainment center, I ~ , crystal nick knacks, home Interior nick knacks, VCR tapes, VCR and remote, portable color TV and remote, mouse house (ceramic), two round table slands, lace dollies, gas grill, home Interior cocker spaniel, two bedroom lamps (crystal light), one set of bunk beds, one small brown dresser, one lap throw rug, one wire dog cage, antique nightsland, one large dresser trimmed In gold, one queen size waterbed, wooden towelsland, odc1s and ends for a total vnlue of $7,990.00. 10. The Plaintiff believes and therefore avers that Defendant has her property either at his residence or In storage somewhere. COUNT I: CONVERSION 11, Paragraphs 1 through 10 of this Complaint are herein Incorporated by reference. 12. Plaintiff's property enumerated In paragraph B above is vnlued at approximately $7,990.00. 13. Upon demand by Plaintiff, Defendant has refused to return said property and has refused Plaintiff to retrieve said items. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against the Defendant In the amount of $7,990.00 plus punitive damages, attorney's fees and court costs. COUNT II: REI'I,EVIN 14. Paragraphs 1 through 13 of this Complaint arc herein Incorporated by reference. 15. PlnIntllT Is entitlcd to immediate possession of her property which remain In Defendant's possession. WHEREFORE, PlnintllT respectfully requests the Court to enter judgment against Defendant for immediate possession of said property together with punitive damages, attorney's fees and court costs, Respectfully submitted, TURO LAW OFFICES 04/ J /18' Date €ti!JjI(~ Robert J iiJderig, ES~ 32 South Bedford Street Carlisle, P A 17013 (717) 245.9688 Attorney for PlnintllT ..... VERIFICATION I verify that the statements made in the foregoing Complnlnt are true and correct, I understand that false statements herein are made subject to the pennltles of 18 Pa, a,s. Section 4904 relating to unsworn falsification to authorities. ,.,2 h /cJ~ DatlY' I CERTU"CATE OF SERVICE I hereby certify thaI, I seJ'Ved n true and corre~t copy of the Complaint, upon MlcheUe R. CnIvert, Esquire, by depositing some in the United States Moil, Urst closs, postage pre-paid on the 8rd day of February, 1998, from Carlisle, Pennsylvnnln, addressed as foUows: MicheUe R. CnIvert, Esquire Griffie & Associates 200 North Hanover Street Carlisle, P A 17013 , TURO LAW OFFICES -mJiflJJ Robert J, Mulderig, ~ 32 South Bedford Street Carlisle, P A 17013 (717) 245,9688 Attorney for Plaintiff >- ('\ (~. 0' C ....:l.. ,.... .. "" ,-, - I.lI:'. {)-:- ..'-\ ' \ t: -;.~.. ,c. q" (.' .....~) , Cl:~ I , ." lU.' '. - ..~!11 i C., .-_. 1.1_ _.' I.'.; .- .. 1-- W_ o. u. n: , U r.."' 0 PAULA MARIA LAVELY, PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 98-204 CIVIL TERM ERNEST JACOBY, Defendant NOTICE TO: Paula Maria Lavely You are hereby notified to file a written response to the enclosed Answer containing New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, GRIFFIE & ASSOCIATES '(VhckJt ~. rallAtt- Michelle R. Calvert, Esquire Attorney for Defendant 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98.204 CIVIL TERM PAULA MARIA LAVELY, Plaintiff ERNEST JACOBY, Defendant ANSWER CONTAINING NEW MAlTER AND COUNTERCI..AIM AND NOW comes the Defendant, Ernest Jacoby, by and through his attorney, Michelle R. Calvert, Esquire and answers the Complaint filed in the above-captioned matter as follows: 1, Admitted. 2. Denied. Defendant currently resides at 151 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Denied as stated. Plaintiff first began to reside with Defendant in an apartment in Mt. Holly Springs, Pennsylvania and moved with Defendant to the home he purchased at 81 Kulz Road in early 1994. 4. Denied as stated. While it is admitted that Plaintiff brought some items with her when she moved in with Defendant, and brought some items into the residence during the period of cohabitation, it is denied that Plaintiff brought all items which are the subject of this Complaint. To the contrary, Defendant purchased some of the subject items, some were given to Plaintiff and Defendant jointly as gifts, and Plaintiff purchased some with money she obtained from Defendant without his knowledge or consent. 5. Admitted. 6. Admitted. 7. Denied. It is denied that Plaintiff requested her property from Defendant after the lien was relinquished. To the contrary, Plaintiff only requested her property for Defendant while the lien was still in place, when Defendant could remove nothing from the residence. 8. Admitted. 9. Denied. It is denied that all of the listed items belong to Plaintiff as Defendant purchased some of the items, including the queen-size waterbed, the home entertainment center, and the blue pattern rocker/recliner and some items, including the sectional blue sofa-bed and the gas grill, were given to Plaintiff and Defendant jointly, Further, Defendant believes and therefore avers that some items were purchased by Plaintiff with money she obtained from Defendant without his knowledge or consent. After reasonable investigation, Defendant is without knowledge or information sufficient to form the belief as to the truth of the averment that he is in possession of the specific "odds and ends" to which Plaintiff refers. It is denied that the total value of Plaintiff's property which is in Defendant's possession is Seven Thousand Nine Hundred Ninety ($7,990.00) and XXII 00 Dollars. 10. Admitted in part and denied in part. It is denied that Defendant has property belonging to Plaintiff at his residence. II. Defendant's Answer to Paragraphs I through 10 of the Complaint are incorporated herein by reference as if set forth at length. 12. Denied. It is denied that the property enumerated in Paragraph 8 of the Complaint is valued at Seven Thousand Nine Hundred Ninety ($7,990.00) and XX/IOO Dollars. To the contrary, Plaintiff has no knowledge of the value of the listed items and chose this value because it approximates the jurisdictional limit for claims before a District Justice. 13. Admitted. 14. Defendant's Answer to paragraphs I through 14 of the Complaint are incorporated herein by reference as if set forth at length. 15. Denied. The allegation set forth in Paragraph 15 states a conclusion of law to which no response is required, and the same is therefore denied. WHEREFORE, Defendant respectfully requests Judgment against Plaintiff and in favor of Defendant. NEW MA7TER 16. During her four-year period of cohabitation with Defendant, Plaintiff worked outside the home for only a very brief period of time, and had no independent source of income while unemployed. 17. Throughout this time, Defendant operated a business which was incorporated as E.E. Jacoby Trucking, Inc. on or about June 11, 1993. 18. Defendant was the President and sole shareholder of the corporation and worked as an over-the-road truck driver. I I / 19. Plaintiff provided secretarial services to the corporation until approximately July 22, 1996. 20, As the corporate secretary, Plaintiff was responsible for paying corporate debts. 21. By agreement of the parties, Plaintiff was also responsible for paying Defendant's personal debts, from his earnings. 22. Without Defendant's knowledge or consent, Plaintiff willfully failed to pay certain of Defendant's corporate and personal bills. 23. As a result, a government lien was placed on Defendant's residence and all items therein, including those Plaintiff claims to be hers. 24. In order to satisfY the government lien, Defendant was forced to sell his residence at 81 Kutz Road, Newville, Pennsylvania. 25. Incident to the sale, Defendant removed all items from the residence, and placed those alleged to belong to Plaintiff in storage. 26. Defendant believes and therefore avers that Plaintiff used monies earmarked for the payment of his corporate and personal debts to purchase many of the items listed in her Complaint. 27. Plaintiff has failed to proceed with due diligence in the filing of this action and the prosecution of her claim, which she claims arose in late 1996, to the prejudice of Defendant. Such failure constitutes laches. WHEREFORE, Defendant respectfully requests Judgment against Plaintiff and in favor of Defendant. COUNTERClAIM FRAUD 28. Paragraphs 1 through 27 of this Answer containing New Matter are incorporated by reference herein as if set forth at length. 29. During her cohabitation with Defendant, Plaintiff was authorized and requested by Defendant to write checks on both Defendant's personal and corporate checking account for E.E. Jacoby Trucking, Inc. in order to pay Defendant's and the corporation's respective debts. 30. Plaintiff was also responsible for organizing and maintaining a list of debts requiring payment. 31. At no time was Plaintiff authorized or requested by Defendant to write checks on Defendant's personal and corporate checking accounts for personal expenses or expenditures or for those of PlaintilP s friends and family. 32. During the period from June 1995 through July 1996, Plaintiff wrote at least forty-nine (49) unauthorized checks on Defendant's personal checking account totaling Five Thousand Nine Hundred Eighty-Three and 68/100 ($5,983.68) Dollars. 33. Plaintiff forged Defendant's signature as payor on the checks, in order to obtain payment. 34. During the period from January 1996 through May 1996, Plaintiff wrote at least twenty-six (26) unauthorized checks on the corporate checking account totaling Eight Thousand Two Hundred Eighty and 91/100 ($8,280.91) Dollars. 35. On or about July 12, 1996, PlaintilTwithdrew cash from the corporate account in the amount of Six Hundred and XX/IOO ($600.00) Dollars and used it for unauthorized personal expenses. 36. In maintaining the corporate check ledger, Plaintiff attempted to conceal her fraudulent activity from Defendant by deliberately recording incorrect and incomplete information as to the checks she wrote for personal expenditures. 37. Plaintiff also attempted to conceal her activities from Defendant by hiding bank statements, unpaid bills, and statements of delinquency from him. 38. During her cohabitation with Defendant, and without Defendant's knowledge or authorization, Plaintiff opened a credit account in Defendant's name, and charged a total of One Thousand Fifty-Three and 84/100 ($1,053.84) Dollars in personal expenses. 39. The current balance of this account, with interest and penalties, is One Thousand Three Hundred and 46/100 ($1,300.46) Dollars. 40. Defendant was unaware of Plaintiff's fraudulent activities until Plaintiff moved from his residence, when he received notice that his personal account was overdrawn and a federal tax lien was being placed on his property, 41. As a result of the various fraudulent activities of Plaintiff, Defendant has been damaged in the total amount of Sixteen Thousand One Hundred Sixty-Five and 05/100 ($16,165.05) Dollars. 42. Defendant has requested the repayment of monies Plaintiff fraudulently obtained from him. 43. Plaintiff has failed and refused to repay the funds. WHEREFORE, Defendant respectfully requests that this Court enter judgment against Plaintiff on his Counterclaim in the amount of Sixteen Thousand One Hundred Sbcty-five and 05/100 ($16,165.05) Dollars, plus punitive damages, attorneys fees and Court costs. Respectfully submitted, GRIFFIE & ASSOCIATES rY\ I (lL~1e-f (ClJkf,} Michelle R. Calvert, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 YERlFlCATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA,C,S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: .3- / (J -q ~ i PAULA MARIA LAVELY, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98-204 CIVIL TERM ERNEST JACOBY, Defendant CERTIFICATE OF SERVICE I, Michelle R. Calvert, Esquire, hereby certify that I served a true and correct copy of the Defendant's Answer Containing New Matter and Counterclaim by first-class mail, 11)11 ",at postage prepaid, on the)'" day of March, 1998, upon Robert Mulderig, Esquire, Attorney , , !j for Plaintiff, at 32 South Bedford Street, Carlisle, Pennsylvania addressed as follows: Robert J. Mulderig, Esquire 32 South Bedford Street Carlisle, PA 17013 DATE: ~, VY\ ItiALUt ~. raJ~ Michelle R. Calvert, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (7 I 7) 243-5551 (800) 347-5552 t , I v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-204 CIVIL TERM PAULA MARIA LAVELY, Plaintiff, ERNEST JACOBY, Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM WITH NEW MATTER AND NOW, comes the Plaintiff, Paula Maria Lavely, by and through her attorney, Robert J. Mulderig, Esquire, and in answer to Defendant's Counterclaim with New Matter submits the following: 16, Admitted. 17. Admitted. 18. Admitted. '19. Admitted. 20, Admitted. 21. Admitted. 22, It is denied that the Plaintiff willfully failed to pay certain of Defendant's corporate debts and personal bills without the Defendant's knowledge or consent. Any bills that were not paid by the Plaintiff were on the instructions of the Defendant. 23. It is denied in part. Plaintiff believes that there was a judgment lien placed on Defendant's residence and all items therein including the Plaintiff's but denies that it was as a result of any actions on the part of the Plaintiff. 24, It is admitted that the Defendant sold his residence at 81 Kutz Road, Newville, Pennsylvania. The Plaintiff is without knowledge as to the motivation for the Defendant to sell his residence. 25. Defendant has no knowledge or Information as to what the Defendant did with Plaintiff's property and therefore strict proof is required at Court. 26. Denied. The Plaintiff did not use any monies marked for corporate or personal debts to purchase the items listed in her complaint. 27. The allegations set forth in paragraph 27 states a conclusion of law to which no response is required and the same is therefore denied, WHEREFORE, the Plaintiff requests that Defendant's New Matter be stricken. 28. Paragraphs 1 through 27 of Plaintiff's pleadings are incorporated herein by reference as if set forth at length. 29. Admitted. 30. Admitted. 31. Denied. The Defendant did request and authorize the Plaintiff to use the funds for her personal expenses. 32, It is denied that the Plaintiff ever wrote any unauthorized checks on Defendant's personal checking account. it is unknown what 49 checks the Defendant is referring to. 33. It is denied that the Plaintiff ever forged Defendant's signature on these checks since the Defendant had authorized the Plaintiff to sign his names to the checks. See Defendant's counterclaim paragraph 29. 34, It is denied that the Plaintiff ever wrote any unauthorized checks on the corporate account. 35. It Is denied that the Plaintiff ever withdrew cash from the corporate account and used it for unauthorized personal expenses. 36, It is denied that the Plaintiff ever deliberately recorded Incorrect or Incomplete information in the various check books, 37, It is denied that the Plaintiff ever hid bank statements, unpaid bills or statements of delinquency from the Defendant. 38. It is admitted that the Plaintiff did open a credit account in Defendant's name and charged a total of $1,053.84 on said account. It is denied that this account was opened or used without the Defendant's knowledge. 39. The Plaintiff is without knowledge of the current balance of the account and therefore can neither confirm or deny this allegation and strict proof is required at trial. 40. It is denied that the Plaintiff ever involved in any fraudulent activities and it is further denied that the Defendant was unaware of the activities with his property. 41. It is denied that the Plaintiff was involved in any fraudulent activities and therefore the Defendant has not been damaged. 42. It is denied that the Defendant ever requested payments of money from the Plaintiff. 43. It is admitted that Plaintiff refuses to pay any money to the Defendant on the basis of these false claims.