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HomeMy WebLinkAbout03-4190LAW OFFICE OF FA YE RIVA COHEN By: Faye Riva Cohen, Esquire Attorney I.D, No. 188." 9 2047 Locust St, Philadelphia, PA 1910 } (215) 563-7776 Attorney for Plaintiff LEE KAR YIN, JR. 36 A Sago Street Singapore, China 0590; I.YNDA MARTIN 1422 Holly Pike Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY Term 2003 JURY TRIAL DEMANDED NOTICE TO DEFEND You have been :ned in court. If you wish to defend against the claims set forth in the following pages, yo ~ must take action wRhin twenty (20) days after this complaint and notice are served, b y entering a written appearance personally or by an attorney and filing in writing with th ~ court your defenses or objections to the claims set forth against you. You are warned ti at if you fail to do so the case may proceed without you and a judgment may be enter~ d against you by the court without fuCther notice for any money claimed in the complak t or for any other claim or relief requested by the plaintiff. Yon 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 OF F[CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BE F~FORD STREET CARLISLE, PA 17013 (717) 249..3166 OR 1-800-990-9108 LAW OFFICE OF FAYE RIVA COHEN By: Faye Riva Cohen, Esquire Attorney I.D. No. 18839 2047 Locust St. Philadelphia, PA 19103 (215) 563-7776 Attorney for Plaintiff LEE KAR YIN, JR. 36 A Sago Street Singapore, China 059027 LYNDA MARTIN 1422 Holly Pike Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY Term 2003 No. - JURY TRIAL DEMANDED COMPLAINT Plaintiff, Lee Kar Yin, Jr., is an individual adult residing at the above address. Defendant, Lynda Martin, is an individual adult residing and working at the above address. In November of 2001, Plaintiff loaned Defendant Ten Thousand ($10,000.00) Dollars. This loan was memorialized in writing on February 19, 2002. See attached Exhibit "A". In addition to the writing, there was an oral understanding between the parties that this was a loan and that it would be paid back in a reasonable time period. During the summer of 2002, Defendant informed Plaintiff that she would not repay Defendant the subject loan. Despite Plaintiff's repeated requests for payment, Defendant has made no payments. Defendant has willfully breached the contract between the Parties. COUNT ONE - BREACH OF CONTRACT 9. Plaintiff incorporates the above paragraphs as if fully set forth herein. 10. Based on Defendant's continued communications that she will not repay the loan, she has breached the contract and must therefore pay the contract price. WHEREFORE, Plaintiff, Lee Kar Yin, respectfully requests that this Honorable Court award judgment in her favor in the amount of $10,000 together with reasonable attorney's fees, costs, interest to the date of judgment, and any other equitable relief as this Court sees fit. COUNT TWO - UNJUST ENRICHMENT 11. Plaintiff incorporates the above paragraphs as if fully set forth herein. 12. Based on the above facts, Defendant has been unjustly enriched in the amount of the loan, namely, $10,000. Additionally, Defendant has been unjustly enriched in the amount of $1,150.00, which is calculated at six percent (6%) simple interest since the loan was dispersed in November of 2001. 13. This brings the total amount due to $11,150.00. WHEREFORE, Plaintiff, Lee Kar Yin, respectfully requests that this Honorable Court award judgment in her favor in the amount of $10,000 together with reasonable attorney's fees, costs, interest to the date of judgment, and any other equitable relief as this Court sees fit. Date: Respectf FAYE i A COHEN, ESQUIRE Attorney for Plaintiff EXHIBIT A FROM :~ave$ FAX NO. :~273971 ~Jan. 10 2003 08:25PM P2 ~greement BETWEEN The person named and described hereto as the Den,eT [the "Lender"l (t~tlfle~t~n ND.: ~697034~F] of the o~ pa~, and The person named as the borrower (the 'Bo~ower") - WliEREBY IT IS AGREED as fDIIows: .... t. The Leeder wiil loan arid the ~w will ~f~ no mote than USS I0;~0.00 ~:~ TEN ~ND ONL~ [herinafter called 'the loan") for a term of ..... : ~ _ ~on~ expi~ng on .. 2. T~IS ~lll ~e chirged at the ~te. offered by ~ bormwe~, of __~ pe~'e~fltum ~lmple intense calculated through out the term. 3. Th~5 agreement shall extend to bind the p~fll~ he~to and shelf re~faUVe ~e[~ · eXc~t~, su~essors, aSsigfls, admlnts~to6 and lepl pe~flal mpe~Mat~...- · :' ' 4, The'prUes ~rtlo agree to do all such lob. malted, ~fld Ihlflps and:io.~n ~ ~(d~ll~ . as m~ b~ n~ess~ to father and effe~u~lly mr~ ~l the pro~sl~5 ~f t~:~e~ ?: .: 5, Iff this a~eemenL, when the coflt~ ~ ~rmils. the singular shall ~e t~pl~f ~ ~ce ~ and any gender shall inc~de all other 9ended. tN w~TNEs$ WHEREOF the parties hereto have he~euntO set their hands on:the d~ 1i81~ dli(~ ~e~elnbeforc wrltte.. ~ ~ . 51GNED by the lc.der IdeotificatlontPas~port No. VERIFICATION I, Lee Kar Yin, hereby verify that I am the Plaintiffin the within case and that the statements made in the forgoing Complaint are true and the best of my knowledge and belief, I understand that false statements are made to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Date: LEE KAR YIN Plaintiff 09/04/2003 16:40 F~ 908 688 0885 GUARANTEED SUBPOENA YIN MARTIN Person to be served (Name and Ad¢lmss): LYNDA MARTIN 4422 HOLLY PIKE CARLISLE PA 17013 By seo/ing: LYNDA MARTIN Attorney: FAYE RiVA COHEN, ESQ. Papers Ser~l: NOTICE TO DEFEND, COMPLAINT, EXHIBI'I' A, VERIFICATION piaintlff Defendant 2~041§3455 Court of CUMBERLAND Venue Dosltet Number: 03 CV 4190 AFFIDAVIT OF SERVICE (For Use by private Service) Cost of Service pursuant tO R. 4:4+3(c) Set. ce Data: ,~rx, ed Succesdu,¥ [ ] Not served Attempts: ~iv~ a ~py to ~h~ Left a ~py with a ~te~ h~so~M me~ over 14 yearn ~ age residing ~emin (l~ic~e name & ~a~ship at ~ht) Left a ~py ~ a per~ authored to acce~ s~, e.g. man~ing a~nt, ~ist~ ~ent, ~c. (indi~te ~me & o~al ~t~ ~ hght) Date: __/._/_ Time: _ : M Date: __1__/ Time: __:__ _M Date: .~/. I Time: : M Name ,3f PersOn Served an(I relationship~it~: Oa~a'i~ion d PerSon Accepting Se~tce: Sex: F Age: ,~) Height:5 '..~"Weight; lid ,bs Skin Color: ~J .airColor: Un~nmd: [ ] Defendant ia unknov~ at the address furnished by the attorney I ] All masonab!e inqu res su~es defendant moved to an ur~etermjned addres~s., ~.~.,~'Nosuchstreetjnmunlcipellt¥ ~O ~¢5.~ (',.(~,. ~'O,,~,~A [ ]Norespo~seon: I I Time:__:t-M / I Time: : M / I Time: __:___M - -- Comments or Remarks [ ] Ot~er: Subscribed and SwOrn Io me this Name of Notary Commission Expiratio~ not having a direct interest in the litigation, I declere und~ penally ol per'jul7 that the ~ig~a~ ~ Pr~oss Se~e~ Dete Name of Private Sewer: Guaranteed Sublx~ena Service, Inc. ,~ddress: 200~ Morris Avenue uNION, NJ 07083 Phone: (908) 687-005~ I Notari~ Seei 1 Made J. Jlznper, Nala~y Public Ca. ale Bom, Cumberland County LEE KAR YIN, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-4190 : LYNDA MARTIN :CIVIL ACTION - 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. iF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FF_E OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 LEE KAR YIN, JR. PLAINTIFF VS. LYNDA MARTIN DEFENDANT : IN THE COURT ,OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CiVIL ACTION - LAW : NO. 03-4190 ANSWER TO COMPLAINT AND NOW, comes Lynda Martin by and through her attorney Daryl J. Gerber, Esquire and files the following Answer, New Matter and Counterclaim to the above captioned complaint averring: 1. Admitted. 2. Admitted. 3. Denied. On the contrary, there has never been a loan from the Defendant to the Plaintiff although a girl in the amount of $10,000.00 was made. 4. Denied. The documentation identified as Exhibit A was indicated by the Plaintiffto be for purposes of her company's records only and not an indication that the $10,000.00 gift was a loan and for that reason there is no interest being charged and no loan repayment date identified. 5. Denied. On the contrary, the parties specifically agreed and understood that this was a gift and would not be repaid. 6. Denied. On the contrary, there is no loan but a gift was made and several demands made for return of other gifts given and a different sum of money to be repaid. 7. Admitted. 8. On the contrary, there is no comract between the parties and even if the cotu,'t were to determine there was a contract, it provides for no interest and has no date for repayment, so there would be an indefinate amount of time for repayment to occur. COUNT ONE - BREACH OF CONTRACT 9. No answer required. 10. Denied. On the contrary, there is no contract between the parties, only gifts, which do not require repayment. WHEREFORE, Defendant, Lynda Martin, respectfully requests this Court dismiss the claim of the Plaintiff COUNT TWO - UNJUST ENRICHMENT 11. No response required. 12. Denied. On the contrary, there has been unjust enrichment in as much as a gift had been made and accepted. The Doctrine of Unjust Enrichment has no application. Finally, the interest claimed by the Plaintiff is without basis even the Plaintiff. in the writing (Exhibit A) which clearly indicates no interest would be charged at any time. 13. Denied. This constitutes a conclusion of law to which no response of pleading is required. WHEREFORE, Defendant, Lynda Martin requests this Court dismiss the claim of COUNTERCLAIM BREACH OF CONTRACT 14. Paragraphs 1-13 are incorporated herein by reference as if textually set forth. 15. The Plaintiff herein made a promise to provide financial support and assistance to the Defendant as well as a promise to marry the Defendant in the state of Vermont. 16. On the basis of the promises of the Plaintiff, Defendant undertook the expense of telephone calls and transportation to meet with the Plaintiff and the promises were defaulted upon by the Plaintiff' who thereafter refused to honor the promise of marriage. 17. Defendant relied upon the promises of the Plaintiff and has suffered sever emotional distress for which she requests reimbursement of her out of pocket expenses including transportation and telephone communication charges and damages for emotional distress in an amolniII equal to the maximum which can be awarded under the limits of arbitration in Cumberland County. Respectfully submitted, Daxyl J. Gerlt[r,"l~s~uire 46 East Main Street Palmyra, PA 17078 (71'7) 838-5411 Attorney for Defendant Attorney I.D. No.: 21372 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Dated: CL~da l~artin ' LAW OFFICE OF FAYE RIVA COHEN BY: FAYE RIVA COHEN, ESQUIRE Attorney I.D. No. 18893 2047 Locust Street Philadelphia, PA 19103 (215) 563-7776 LEE KAR YIN, JR. : Plaintiff : VS. Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW LYNDA MARTIN Defendant NO. 03-4190 PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM Plaintiff, Lee Kar Yin, Jr., but and through her undersigned counsel, Faye Riva Cohen, hereby files her Answer to Defendant Lynda Martin's Counterclaim and in support thereof avers as follows: 14. No response is required. 15. Denied. After reasonable investigation Plaintiff is unable to form a belief as to the truth or falsity of the allegation and strict proof of same is hereby demanded at time of trial. 16. Denied. After reasonable investigation Plaintiff is unable to form a belief as to the truth or falsity of the allegation and strict proof of same is hereby demanded at time of trial. Denied also because it also states a conclusion of law to which no further response is required. 17. Denied. Under 23 Pa. C. S. § 1902, and the cases decided thereunder, all causes for breach of a promise to marry have been abolished, leaving no remedy available whatsoever for Defendant. Additionally, 23 Pa. C. S. § 1704 makes it clear that homosexual "marriages," even those performed in a jurisdiction where such a union is valid, is void in the Commonwealth of Peimsylvania. Consequently, there is no contract that could have been breached since a contract for the "marriage" of two homosexual persons cannot exist in Pennsylvania. Finally, emotional distress requires extreme and outrageous conduct and/or an accident involving physical harm. Since neither of these factors are present, Defendant has no claim for emotional distress. Furthermore, it states a conclusion of law to which no further response is required. Wherefore, Plaintiff, Lee Kar Yin, demands that judgment be entered in her favor, together with interest, costs and attorney's fees and any other relief that the Court may deem just and proper. Respectfull~ Attorney for Plaintiff CERTIFICATE OF SERVICE I, Faye Riva Cohen, Esquire, hereby certify that Plaintiff Lee Kar Yin's Answer to Defendant's Counterclaim was served via United States First Class Mail on this fifth day of November, 2003 to the following: Daryl J. Gerber, Esquire Gerber, Ferry, and Tanner 46 East Main Street Palmyra, PA 17078 Attorney for Plaintiff VERIFICATION I, Lee Kar Yin, Plaintiff, hereby certify that the facts set forth in the foregoing Plaintiffs Answer to Defendant's Countemlaim are true and correct to the best of my knowledge, information and belief and further state that this verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Plaintiff Date: November 5, 2003 LAW OFFICE OF FAYE RIVA COHEN BY: FAYE RIVA COHEN, ESQUIRE Attorney I.D. No. 18893 2047 Locust Street Philadelphia, PA 19103 .(215) 563-7776 Attorney for Plaintiff LEE KAR YIN, JR. Plaintiff VS. LYNDA MARTIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4190 PLAINTIFF'S PRAECIPE TO AMEND CAPTION Plaintiff, Kar Yin Lee, Jr., by and through her undersigned counsel, Faye Riva Cohen, hereby files her Praecipe to Amend Caption: 1. The Plaintiff's name in thc caption should read "Kar Y' " in Lee, Jr. 2. The present Plaintiff's name in the caption was thc result ora clerical error. Res ~ submitted, ~- COHEN, ESQUIRE Attorney for Plaintiff VERIFICATION I, Kar Yin Lee, Jr., Plaintiff, hereby certify that the facts set forth in the foregoing Plaintiff's Praecipe to Amend Caption are true and correct to the best of my knowledge, information and belief and further state that this verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Ka~' Yin L~.~r. Plaintiff Date: December 18, 2003 CERTIFICATE OF SERVICE I, Faye Riva Cohen, Esquire, hereby certify that PlaintiffKar Yin Lee Jr.'s Praecipe to Amend Caption was served via United States First Class Mail on this eighteenth day of December, 2003 to the following: December 18, 2003 Daryl J. Gerber, Esquire Gerber, Ferry, and Tanner 46 East Main Street Palmyra, PA 17078 FAYE I Attom, ~o A COHEN, ESQUIRE r Plaintiff