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HomeMy WebLinkAbout03-1315JANA D. DeBOARD, ) Plaintiff ) ) ) ) GINGER K. DAVIS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NOTICE TO DEFENDANT NAMED HEREIN: 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 JANA D. DeBOARD, ) Plaintiff ) ) ) ) GINGER K. DAVIS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. COMPLAINT AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following complaint against the Defendant in this matter: 1. The Plaintiff is Jana D. DeBoard, an adult individual who resides at 1302 Mathison Drive, Sandpoint, Idaho, 83864. 2. The Defendant is Ginger K. Davis, an adult individual who resides, to the best of Plaintiff's knowledge, at 1601 Anna Street in New Cumberland, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are sisters and are the daughters of Virginia K. Davis, who is currently a resident at Blue Ridge Chateau at 10 House Avenue in Camp Hill, Pennsylvania. 4. Plaintiff and Defendant and their mother are the joint owners of several assets, including: A. A single-family residence at 1601 Anna Street in the Borough of New Cumberland, Cumberland County, Pennsylvania; and 2 B. An investment account with American Express. 5. Plaintiff has learned recently that Defendant has misappropriated funds from the joint investment account which the Plaintiff and Defendant own with their mother and has misappropriated the rental and use of the residence in New Cumberland. Examples of the misappropriation of these assets and the income from these assets by the Defendant include: Defendant has taken exclusive occupancy of the residence in New Cumberland without paying rent and has, by doing so, deprived Plaintiff and the parties' mother of the reasonable income they could expect to receive from the property. B. Defendant has withdrawn sums in excess of $55,000.00 from the American Express account without explanation to Plaintiff. Plaintiff believes Defendant has used some of those funds for Defendant's personal use and to improve separate assets which Defendant owns. C. On or about 19 March 2003, Defendant instructed the manager of the American Express account to liquidate $20,000.00 of assets in that account and disburse those funds to Defendant so she could pay off the mortgage she owes on her individual real estate. 6. All of the actions taken by Defendant with regard to the assets owned jointly with Plaintiff were taken without Plaintiff's advance knowledge and without Plaintiff's consent. 7. Defendant's conduct has injured Plaintiff and continues to injure Plaintiff in that it deprives her of the use and benefit of assets that belong to her. WHEREFORE, Plaintiff prays this Court to order the following relief: A. Enjoin Defendant, Ginger K. Davis, from any further expenditures or removal of funds from the account owned jointly by the parties and their mother; and B. Require Ginger K. Davis to pay reasonable rent for her occupancy of the property which Plaintiff and Defendant own jointly with their mother or, in the alternative, order her to vacate the property so that it can be leased and made productive; and C. Order the Defendant, Ginger K. Davis, to provide a full, accurate, and detailed accounting of her expenditure of funds from the joint account owned by the Plaintiff and Defendant and their mother and for her use and occupancy of the real estate they own together; and D. Award such other relief as is appropriate or necessary to protect the rights of the parties. Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 4 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). JCA D. DeBOARD JANA D. DeBOARD, Plaintiff VS. GINGER K. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PI~NNSYLVANIA CIVIL ACTION - EQUITY PETITION FOR PRELIMINARY INJUNCTION AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the Court for a special or preliminary injunction pursuant to Pa. R.C.P. 1531, based upon the following: 1. The Petitioner herein is the Plaintiff in the above-captioned matter and the Respondent is the Defendant, Ginger K. Davis. 2. Plaintiff and Defendant own together certain assets which are described in Plaintiff's Complaint, the averments of which Plaintiff incorporates herein by reference. Those assets include a residence in the Borough of New Cumberland and an investment account with American Express. 3. Defendant has unilaterally, and without Plaintiff's advancie knowledge or consent, made substantial withdrawals from the American Express account and converted some of those funds and assets to Defendant's own use, thereby depriving Plaintiff, and the parties' mother who is also a joint owner of the account, from the use and benefit of those funds. 4. Defendant has taken exclusive possession of the residence owned by the parties and their mother in the Borough of New Cumberland and has failed Or refused to pay rent or other compensation for her exclusive use of the property, thereby depriving Plaintiff of the use and profits of such property. 5. Defendant's actions are causing Plaintiff irreparable harmibecause they are consuming assets which Plaintiff needs to support herself and the p~rties' mother in such a way that Plaintiff will not be able to recover those assets or their rea~sonable value from Defendant. Plaintiff is also suffering irreparable harm because she ia deprived of the benefit of the ownership of the residence in New Cumberland without an aC~equate way to be compensated for such loss. 6. Plaintiff's injury and loss cannot be properly compensatedi by monetary damages because the depletion of the funds in the investment account will make it impossible for Plaintiff's mother to continue her residence in a sheltered care facility and will prevent Plaintiff from having the funds available to maintain her mother in that facility. 7. Immediate action is required to stop the depletion and misappropriation of these funds before they are lost completely by Defendant. WHEREFORE, Plaintiff prays this Court to enter a preliminary injunction pursuant to Pa. R.C.P. 1 531 to enjoin Defendant from the further misappropriation and dissipation of assets belonging to Plaintiff and to the parties' mother. Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 2 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penaltieS of 18 Pa. C.S. 4904 unsworn falsification to authorities). J/¥~A D. DeBOARD 3 JANA D. DeBOARD, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GINGER K. DAVIS, DEFENDANT 03-1315 EQUITY TERM ORDER OF COURT AND NOW, this ~3 day of March, 2003, upon~ consideration of the attached petition for preliminary injunction, a hearing is hereby scheduled for Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 10:30 a.m., Thursday, April 3, 2003. Samuel L. Andes, .Esquire For Plaintiff Ginger K. Davis 1601 Anna Street New Cumberland, PA 17070 Edgar I~. Bayley, / :sal JANA D. DeBOARD, ) Plaintiff ) ) ) ) GINGER K. DAVIS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 03-1315 EQUITY TERM STIPULATION AND NOW come the Plaintiff, by her attorney, and the Defendant, and stipulate and agree that the Court may enter the attached Order to re:solve the matters scheduled to be heard on Thursday, April 3, 2003. Attorney for Jana D. DeBoard Ginger ~;~;bavis JANA D. DeBOARD, Plaintiff VS. GINGER K. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 03-1315 EQUITY TERM ORDER OF COURT ,~,~1 ;il AND NOW, this ~[q day of , , 2003, upon the agreement of the parties, we hereby order as follows: 1. There shall be no withdrawals or expenditures from the American Express investment accounts held by the parties and their mother, Virginia Davis, except for payment of bills for the said Virginia Davis at the Blue Ridge Chateau, or any other personal care or nursing care facility at which she shall be a resident, without the prior written consent of both the Plaintiff and the Defendant or a subsequent order of this Court. The parties shall advise American Express of this restriction by providing American Express with a copy of this Order. 2. Within thirty (30) days of the date of this Order, the Plaintiff and Defendant shall exchange the following information: A. Plaintiff shall provide to Defendant details about a policy of insurance on the life of Virginia Davis owned by Plaintiff of which Plaintiff is the beneficiary. B. Each party shall provide to the other an informal accounting of the expenditures each has made from the American Express account since January 1, 2002, including the amounts, dates, and purposes for such expenditures. matter may be scheduled for a hearing at the request of either party. parties are directed to fully comply with the provisions~.f_,,~ ~rder. Distribution: This Order shall not resolve or preclude othe~r claims between the parties. This Until such time, the Samuel L. Andes, Attorney for Plaintiff, 525 N. 12th Street, L~moyne, PA 17043 Ginger K. Davis, 1601 Anna Street, New Cumberland, PA 17070 Jo IN THE COURT OF COMMON PLEAS OF CUMBERLAND C0UNTT' ,PENNSYLVANIA JANA D. DE~OARD, PLAINTIFF VS. GINGER DAVIS, DEFENDENT Defendent, Ginger Davis, ~ro se, answers Agreed. Agreed. CIVILACT£ON - EQUITY NO. 03-1315 Flaintiff's Complaint as fellows: Denied. Mother needs full nursing care due to neglect of Chateau employees. ~ecause of ~laintiff's greed and harrassing Mother until Mother's anxiety level reached deadly hei~hts~ and the lack of ~ro~er care from the em- ployees of the Chateau, Mother's full time nursing care is now covered hy her long term medical insurance. Plaintiff told Ruth Collins, Mother's sister, Defendent ~ulled Mother out of t~e Chateau, where she was ~eing exceptionally cared for with the ~aid assistance ef mon nurse aid for two hours in morning and two hours in evening. Mother complained of aid s~ending her time outside smoking cigarrettes with employees. Mother is now residing at Seidle Hospital's skilled nursing unit under the care of licensed nurses~ none of which were at the Chateau. Not even the ~eo~le giving medications were nurses. This caused Mother many health ~rohlems and unnecessary ~ain and discomfort. Agreed in ~art. Agreed. Agreed. to ~ay rent. Defendent agrees. Two Denied. A. Mother does not wish Defendent against ome. Plaintiff loses. ~. Agreed in ~art. Plaintiff has told Mother she will never s~eak to or have contact with Defendent ever again. In fact, ~laintiff has disowned Defendent. As of today, this is true. Mother has hogged ~iaintiff to talk to Defendent hut she has refused Mother. Mother has a~roved all of Defendent's expenditures. C. Denied Defendent called American Ex~ress adviser, Sara Negle~~ and made statement because Plaintiff had convinced all employees that Defemdent was evil. Everytime Defendent called Sara Negly and asked for money transfers into money market account9 Sara improperly, as an employee of account holders, asked detailed questions as to the use of funds, why did ~ayments need to he made, and exactly what was the use of the funds. This angered Defendent into making this untrue statement to see how fast it would get hack to Plaintlff% Immediately. Sara never followed instructions so the statement is false. Sara never transferred funds prom~ty, and service fees started piling up so Defendent hogan requesting thousands of dollars at a ti~e to he put into Mother's or Defendent's savings account so that ~ills could he paid promptly with no fees. Sara never made any attempts to know Defendent and decide for herself if the libel was true, ~ut Sara did allow Defendent to read llhalous E-Nails from Plantiff to former account representative, Ron Leushen, stating Plaintiff was afraid Defendent would physically harm Nether if she didn't get her way hy controlling American Express account. 6. Agreed in part. See ~A. 7. Denied. Plaintiff is Jealous of no longer ~eing in charge of Mother's m~ney. In truth, Plaintiff struck out at Defendent so viciously because she was afraid of what happened. When Mother requested she return all account ~apers to Defendent because Defendent was getting daily calls from people requesting their money. Especially the ~aid caregivers. That is when the forgeries were discovered. Neither Mother nor Defendent ever signed the documents showing Plaintiff now owned and was sole beneficiary to all the life insurance policies and other accounts. NEW MATTER 1. Defendent requests that all correspondent and gifts to Mother he sent to -~ 'PIa~ntiff's Aunt or attorney so that Defendent can never ~e charged wits tampering with the US Mail ~y withholding corres~odence from Mother. 2. The dates of the account changes were within a few days of Plaintiff's a~emrance at the home of the Defendent demanding Defendent sign a Joint Power of Attorney (POA) or Plaintiff was going to charg& Defendent with mental incompetency and go to court. Little did Defendent know the monster lingering in her kitchen. Defendent signed, assuming all w~uld Se as usual? according to Plaintiff. It wasn't until Mother requested ~laimttff r~turn all ~ocuments that the deceptions and forgeries were discovered. It is ~elieved ~y all that Mlaintiff ha4 long ~efore to steal her sister's inheritance. Plaintiff's constant greed and ~lotting against threatening Defendent decided Defendent has caused Mother's life to Se threatened through ~rief and raised levels in depression and anxiety. ~laintiff libeled and slandered Defendent to Mother, Aunt, Attorny, hus~and~ financial advisors, and all others Defendent does not know of yet. These statements were that Defendent used Mother'a money to ~uy all knew house a~liances, of which ~hotos ~rowe to ~e untrue, ~ulled MotSer out of Chateau to ~ain control over Mother, this re,cate4 to Defendent ~y Mother's sister, making gifts To Herself and draining account for ~ersonal gain. All lies. If Plaintiff's motives are so selfless, why does she come into town under cover of secrecy asking all not to tell Defendent she is here. She usually arrives ena Friday to meet with her attorny to sign lawsuit ~a~ers a~ainst Defendent, makes what she calls hat duty visit to MOther and then s~ends the rest of her time here with her lover, Robert Hall. Defendent can ~rove these allegations ~ecause she was used Sy Mr. Hall and Plaintiff as aa excuse to husband for reason to go to the Jersey Shore in the 19?0's. Plaintiff and Mr. Hall sle~t in the ~edroom while the Defendert had to slee~ on the floor near to ~edroem. Defendent heard everything. Plaintiff also disclosed an affair with a musician who"tired with her and her husband for a year while husband had to work out of state durin~ the week and and only came home on weekends. This was also in the sewenties as it was Just around the time of TMI (here) and Mt. St. Helens (there). While at the Jersey Shore Mr. Hall ~ut water and cocaine in a sinus squirt ~ottle and ~assed it around. We all used it. Mr. Hall also had Marijuana that~ we all smoked. I verify that the statements made in this document are true and correct as I see them to ~e. I understand that any false statements in this document are subject to the ~enalties of 18 ~a~. $905 (unsworn false~ ification to authorities). · THE COURT OF COMMON PLw. AS OF CUMBERLAND COUNTY, PENNSTLMANIA JANA D. DE~OARD, PLA INT IFF VS. CIVIL ACTION - EQUITY NO. O3-i3i~ GINGER DAVIS, DEFENDENT Defendent, Ginger Davis, ~ro se, answers Plaintiff's Com~laimt as fellows: 1. Agreed. 2. Agyeed. 3. Agreed ia ~art. Plaintiff wi~net s~eak to Defendent er receive calls er mail from Defendent. Plainti~£ is aware and has agreed te Nether ~ayimg Defendent's mortgage and hills until Defendent's ~oeia~ Security disability ~ayments ~egan em or a~out September. Mother made two gifts ef $10,000.00 to Defendemt u~en learmimg of Plaintiff's usmr~img of Mother's life insmramee ~olieies. Neither Mother er Defemdent were aware ef this forgery, since neither had signe4 eff~ em these ~el~ies and it was ~eme ~y Plaintiff with malice aferethemght. ~. Agree~ im ~art. Plaintiff ~mllied Mother imte saying that she wanted te sell her hemse. The emly way Defemde~t heard of t~is was t~rough the Plaintiff. When Defendent asked Mother if $ he really wante~ to sell the house that Father ~uilt for her, she ~egan te cry, sayimg t~e Plaimtiff ke~t hadgerimg her te sell, that she fimally gave im Jmst te ste~ the maggimg em Plaimtiff's ~art. Plaimtiff tel~ Nether that it w~a ~ her only choice simee she would never get better and move h~ek there te live. Plaintiff also said t~e money waaaeeded ~y her amd her hmshamA now so t~at they could buy a ~omse im Mexico. When Defendemt was told Nether wishe4 to sell t~e family home, she aske4 Mother if this was what she really wamted. Mot~er said "~No". She was extremely u~set ~ut felt she had ne choice. Defendent asked Mother if she would feel ~etter if Defendent moved into hemse ama live~ there. Mother said that she would like that very much and was very relieve~. Defemdent agreed te improve ~re~erty in liem of rent. Mother had a boarder living in home without ~aying rent for a year and a half. He only ~aid rent after Mother broke her hi~ and was ~ut into skille~ nursiaglheme. ~he total money we re- ceived from him was $800.00. Ail ~arties agreed te this araingement, %. Denied in ~art. Plaintiff needs money te clear her debts and buy a home in Mexico. She retires from teachimg this year. Plaintiff also needs funds for frequent traveling to this area under the pretense of visiting Mother and maintaining her adulterous affair with Robert Hall, who she was dating when she met her present husband. Defendemt oan only state ~at the affair was going on in the 19?O's because Defendent was used as an excuse and cover for Plaintiff and Lover to go to the shore for a weekend where Defendent slept in outer room floor near bedroom doer' where Plaintiff and lover slept. Defendent could hear everything. We three also went to nightclmbs where Lever produced a liquid sinus bottle filled with water and eooaine. We also smoked Marijuana. 6. Denie~. Mother nee4s full nursing care which insurance pays 100%, so this paragraph is mute. NEW MATTER 1. Defemdent will sig~ off on American Ex~ress acoeumt if Plaintiff will sign off em ~eed and all contents therein ef homse at 1601 Anna Street, New Cumberland, Pa~ 17070. Defendent has not decided to sme Plaintiff for forgery at this time. I verify that the statements ma~e in this document are true and correct as I see them to be. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. ~90~ cation te authorities)~ DAT~ /