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Home My WebLink About03-0415 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box !09 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WENDY A. LIND, KERRY L. FOOR, Plaintiff : : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.~ _ ,z/[,~ CIVIL TERM CIVIL ACTION - LAW NOTICE TO DEFEND To the Defendant: 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 writter appearance personally or by attorney and filing in writing with the court your defense 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WENDY A. LIND, Plaintiff KERRY L. FOOR, ' Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ _ ~,//,,~ CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Wendy A. Lind, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff, Wendy A. Lind, an adult individual residing at 316 S. Cameron Stre< Winchester, VA 22602. 2. The Defendant, Kerry L. Foor, is an adult individual who resides at 249 Middlesex Road, Carlisle, PA 17013. 3. Plaintiff and Defendant were engaged and resided together for several years prior to building a home together. Plaintiff and Defendant built a home at 249 Middlesex Road, Carlisle, PA in 1999. Plaintiff contributed substantially to the cost of building the home. Plaintiff contributed $15,000 to the purchase of the land upon which the home was built. together. In October 2000, the parties decided to end their engagement and discontinue residing 8. On December 6, 2000, the parties signed a document titled "Agreement" intended to delineate their "Agreement with respect to the distribution of personal property and other matters." 9. This Agreement, attached hereto as "Exhibit A", provides in part that the Defendant would pay Plaintiff $15,000. 10. Plaintiff subsequently received $2,700 from Defendant and documented said payment on the Agreement with the writing dated December 6, 2000. 11. The Agreement has additional notations indicating a balance of $12,300 to be paid to Plaintiff by Defendant by January 1, 2002. 12. The entry indicating the balance due by Defendant was signed and initialed by both parties. 13. The Agreement is signed by the parties and dated December 6, 2000. 14. Plaintiff acknowledges receipt of three other payments from Defendant: (a) $2300, on or about December 12, 2000; (b) $200 via check number 1746 dated December 18, 2001; and (c) $100 via check number 1843, dated May 29, 2002. 15. Plaintiff has not received the balance of $9,600 due to her as of January 1, 2002. 16. Defendant, despite demand from Plaintiff, refuses to pay the balance due under the terms of the Agreement which he prepared. 17. Defendant is in breach of the aforesaid agreement in that he has failed and refused to pay the balance due of $9,600. 18. As a result of Defendant's failure to perform his duties under the terms of the Agreement, Plaintiff has retained counsel and agreed to pay a reasonable fee. 19. Plaintiff has demanded the aforesaid sum, but Defendant has refused and continues to refuse to pay the same or any part thereof. 20. Plaintiff is entitled to Judgment in the amount of $9,600.00 plus interest asa result of Defendant's breach calculated as follows: Principal balance Interest @ 6% per annum from January 1, 2002 through December 31, 2002 $9,600.00 $582.00 Total $10,182.00 WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $9,600 plus interest, from January 1, 2002 and costs and counsel fees. COUNT II. IN QUANTUM MERUIT 21. Plaintiff incorporates the averments of Paragraphs 1 through 20 as if fully set forth herein. 22. Defendant has had the sole use and enjoyment of the home at 249 Middlesex Road since the party's separation. 23. Plaintiff conferred a material benefit upon Defendant by her financial contributions to the building of said home. 24. Plaintiff expected remuneration from Defendant under the terms of the Agreement at the time of their separation. 25. Defendant's failure to make payment has resulted in Defendant's unjust enrichment. 26. Public Tax files indicate the home and 1.46 acres of land to have an appraised value in excess of $180,000. 27. The value of Plaintiff's contributions to Defendant's home exceeds $15,000. 28. Because of Defendant's failure to pay under the terms of the Agreement, the Plaintiff has been forced to retain counsel to enforce her rights thereunder. WHEREFORE, Plaintiff demands judgment against Defendant, Kerry L. Foor, in the amount of $9600, plus interest from January 1, 2002, counsel fees, costs. Respec,.,tfu~ ~leli~-~a Peel Greevy :164506 VERIFICATION I, Wendy A. Lind, verifies that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: -- Wendy~~ ind - SHERIFF'S RETURN - REGULAR CASE NO: 2003-00415 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIND WENDY A VS FOOR KERRY L BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FOOR KERRY L the DEFENDANT at 249 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 at 1800:00 HOURS, on the 29th day of January by handing to KERRY FOOR a true and attested copy of COMPLAINT & NOTICE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff.s Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this '/~ day of .~ ....... ~2~ A.D. / ! ~rothonotaP~ , So Answers: R. -Thomas Kline '; 01/30/2003 JOHNSON DUFTE STEWART WFDNE~/ By: /~ ~ //~~ Deputy Sheriff WENDY A. LIND, Plaintiff V KERRY L. FOOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03 - 415 CIVIL ACTION - LAW PRAECIPE TO THEPROTHONOTARY: Please enter the appearance of Broujos & Gilroy, P.C. on behalf of the Defendant Kerry L. Foor in the above matter. Respectfully submitted, Hu'~ert X. Gilroy, Esquire Attorney for Defendant Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street ~. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WENDY A. LIND, (ERRY L. FOOR, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-415 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. Respectfully submitted, Melissa Peel Greevy :214622