HomeMy WebLinkAbout07-6357IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK,
Plaintiff
V.
GREG MYERS,
Defendant
NO.: b> (o3S 7 C
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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 AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRIM NO.:
Plaintiff
V. CIVIL. ACTION - LAW
GREG MYERS,
Defendant JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion
reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDLATAMENTE. SI USTED
NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCLA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK, NO.: i97-(-3S7 a,;?j ??•--
Plaintiff
v. CIVIL ACTION - LAW
GREG MYERS,
Defendant JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 3-?v-- day of , - , 2007, comes the Plaintiff, Shirley
A. Barrick, by and through her attorney, Andrew H. Shaw, Esquire and files the instant
Complaint and in support thereof states as follows:
1. Plaintiff is an adult individual residing at 128 Darr Avenue, Carlisle,
Cumberland County, Pennsylvania.
2. Defendant, Greg Myers is an adult individual, residing at 171 West North
Street, Carlisle, Cumberland County, Pennsylvania.
3. Defendant engages in general construction work in the Carlisle area.
4. Plaintiff entered into an oral contract with Defendant to enclose the car port at
Plaintiff s residence located at 128 Darr Avenue, Carlisle, Cumberland County, Pennsylvania.
5. Plaintiff paid Defendant $7,000.00 for the enclosure of the Plaintiffs carport:
a. Check number 5137 dated May 25, 2006 in the amount of $2,500.00
(Attached hereto and incorporated by reference as Exhibit "A")
b. Check number 5138 dated May 31, 2006 in the amount of $3,000.00
(Attached hereto and incorporated by reference as Exhibit "B")
1
c. Check number 5143 dated June 8, 2006 in the amount of $1,500.00
(Attached hereto and incorporated by reference as Exhibit "C")
6. Defendant never started the construction work on the car port, and never
returned the $7,000.00 payment to the Plaintiff.
7. Plaintiff contracted with the Defendant to build a deck onto her residence in
late May 2006.
8. Plaintiff paid Defendant $8,400.00 to build the deck:
a. Check number 8220 dated May 5, 2006 in the amount of $3,400.00
(Attached hereto and incorporated by reference as Exhibit "D");
b. Check number 5127 date May, 2006 in the amount of $5,000.00;
9. Defendant began work on Plaintiff's deck on or about the end of May 2006.
10. Defendant never completed the contracted work.
11. The Defendant failed to perform the contract and his duties to the Plaintiff in a
good and workmanlike manner and failed to perform under the terms and conditions agreed.
12. In June of 2006 the Plaintiff and the Defendant entered into an agreement that
the Plaintiff would loan Defendant $4,400.00 for the purchase of a new vehicle.
13. On or about June 8, 2006 the Plaintiff provided the Defendant with a check for
$4,400.00 drawn on her American Express account, check number 8218 (Attached hereto and
incorporated by reference as Exhibit "E").
14. Defendant did not use the loaned money for the purchase of a new vehicle
15. Defendant never re-paid the Plaintiff for the money loaned.
16. In May of 2006 Plaintiff entered into a contract with Citi-Financial to acquire a
loan of $15,000.00.
2
17. Plaintiff and Defendant agreed that Defendant would receive the proceeds of
the Citi-Financial loan in the middle of May of 2006.
18. The Citi-Financial loans were dispersed to the Defendant and the Plaintiff
(Attached hereto and incorporated by reference as Exhibit "F")
19. Defendant agreed to make monthly payments on the Citi-Financial loan.
20. To date, Defendant has made one payment on the Citi-Financial loan in the
amount of $400.00.
21. Plaintiff has been paying the Citi-Financial loans so not to incur any further
detriment to herself and her credit rating.
22. To date Plaintiff had paid Citi-Financial $1,200.00
COUNT I- BREACH OF CONTRACT (car-port)
23. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth hereinafter.
24. As part of the parties' agreement for the renovation work, the Defendant
agreed to perform all work.
25. As a result of Defendants failure to perform all work agreed to by the parties,
the Plaintiff has or will incur expenses in hiring other contractor(s) to perform said work.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $7,000.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
3
COUNT II - NEGLIGENT PERFORMANCE OF CONTRACT(car-port)
26. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth herein.
27. The Defendant had a duty to the Plaintiff to perform the terms of the
construction contract in the manner set forth therein and to do so in a timely and workmanlike
manner.
28. Defendant failed and refused to cure the aforesaid breaches, despite the
Plaintiff s demands.
29. Defendant failed to perform various duties owed to the Plaintiff as stated
herein.
30. The Plaintiff has suffered damages because of the negligent, careless, and
unworkmanlike manner in which Defendant performed work under the contract.
WHEREFORE, because of the Defendant's negligent performance of the contract, the
Plaintiff demands judgment against the Defendant in the amount of $7,000.00 together with costs
and interest and such other relief as this Honorable Court may deem appropriate under law, said
amount being necessary to place the Plaintiff in the position she would have been in had
Defendant performed the contract as per the parties' agreement.
COUNT III - FRAUD (car-port)
31. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth hereinafter.
32. The Defendant represented to the Plaintiff that Defendant would be able to
perform the renovation work to her home in a good and workmanlike manner and according to
standard industry practices including all relevant codes.
4
33. These representations by Defendant to the Plaintiff were material to the Plaintiff's
decision to enter into a contract for construction with the Defendant.
34. Defendant's representations to the Plaintiff were fraudulent in that they were
intended to induce the Plaintiff to enter into an agreement for remodeling and/ or reconstruction
and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and/or
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or
C. Defendant knew that he did not have the basis that he stated or implied in
the assertions.
35. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
36. The Plaintiff justifiably relied on the misrepresentations of Defendant.
37. At or before the date the Defendant entered into the contract for the renovation
work with the Plaintiff, Defendant knew or should have known that he would not, or was unable
to perform the work under the terms and conditions represented to the Plaintiff by the Defendant
and as explained more fully above.
38. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages including that her
renovations were not completed in a workmanlike manner as agreed, which total costs to cure
will be in an amount to be determined in advance of the trial of this matter.
39. Defendant's actions as stated above are outrageous in nature.
5
WIEREFORE, because of the Defendants' fraudulent representations as stated above,
the Plaintiff respectfully request this Honorable Court to enter judgment in Plaintiffs favor and
against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Punitive damages,
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT IV - UNFAIR TRADE PRACTICE (car-port)
40. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
41. Defendant's misrepresentations, or failure to represent, constitute unfair and
deceptive acts and/or practices pursuant to the Unfair Trade Practice and Consumer Protection
Law (hereinafter "UTPCPL"), 73 P. S. § 201-1 et seq.
42. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce is unlawful.
43. The Defendant's misrepresentations as more fully set forth hereinabove at length
constitute unfair and deceptive acts and/or practices under the Unfair Trade Practices and
Consumer Protection Law ("UTPCPL"), 73 P. S. §201-1 et sew..
6
44. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce are unlawful.
45. Pursuant to the UTPCPL, the Plaintiff has a private right of action against the
Defendant to recover up to three times their actual damages, plus costs and reasonable attorney's
fees.
46. As a direct result of the Defendant's unfair and deceptive acts and practices as
described more fully herein, the Plaintiff has suffered damages including the fact that the
addition work was not completed in a workmanlike manner which total costs to cure will be in
an amount to be determined in advance of the trial of this matter.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment
in Plaintiff s favor and against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Treble damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT V - BREACH OF CONTRACT (deck)
47. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
7
48. As part of the parties' agreement for the renovation work, the Defendant agreed to
perform all work.
49. As a result of Defendant's failure to perform all work agreed to by the parties, the
Plaintiff has or will incur expenses in hiring other contractor(s) to perform said work.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $8,400.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT VI - NEGLIGENT PERFORMANCE OF CONTRACT(deck)
50. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth herein.
51. The Defendant had a duty to the Plaintiff to perform the terms of the construction
contract in the manner set forth therein and to do so in a timely and workmanlike manner.
52. Defendant failed and refused to cure the aforesaid breaches, despite the Plaintiff s
demands.
53. Defendant failed to perform various duties towards the Plaintiff as stated herein.
54. The Plaintiff has suffered damages because of the negligent, careless, and
unworkmanlike manner in which Defendant performed work under the contract.
WHEREFORE, because of the Defendant's negligent performance of the contract, the
Plaintiff demands judgment against the Defendant in the amount of $8,400.00 together with costs
and interest and such other relief as this Honorable Court may deem appropriate under law, said
amount being necessary to place the Plaintiffs in the position they would have been in had
8
Defendants performed the contract as per the parties' agreement and had Defendant repaid the
loans as per the parties' agreement.
COUNT VII - FRAUD (deck)
55. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
56. The Defendant represented to the Plaintiff that Defendant would be able to
perform the renovation work to her home in a good and workmanlike manner and according to
standard industry practices including all relevant codes.
57. These representations by Defendant to the Plaintiff were material to the Plaintiffs'
decision to enter into a contract for construction with the Defendant.
58. Defendant's representations to the Plaintiff were fraudulent in that they were
intended to induce the Plaintiff to enter into an agreement for remodeling and/ or reconstruction
and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and/or
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or
C. Defendant knew that he did not have the basis that he stated or implied in the
assertions.
59. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
60. The Plaintiff justifiably relied on the misrepresentations of Defendant.
9
61. At or before the date the Defendant entered into the contract for the renovation
work with the Plaintiff, Defendant knew or should have known that he would not or was unable
to perform the work under the terms and conditions represented to the Plaintiff by the Defendant
and as explained more fully above.
62. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages including that her
renovations were not completed in a workmanlike manner as agreed, which total costs to cure
will be in an amount to be determined in advance of the trial of this matter.
63. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendants' fraudulent representations as stated above,
the Plaintiff respectfully request this Honorable Court to enter judgment in Plaintiff s favor and
against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Punitive damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT VIII - UNFAIR TRADE PRACTICE (deck)
64. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
10
65. Defendant's misrepresentations, or failure to represent, constitute unfair and
deceptive acts and/or practices pursuant to the Unfair Trade Practice and Consumer Protection
Law (hereinafter "UTPCPL"), 73 P.S. § 201-1 et seq.
66. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce is unlawful.
67. The Defendant's misrepresentations as more fully set forth hereinabove at length
constitute unfair and deceptive acts and/or practices under the Unfair Trade Practices and
Consumer Protection Law ("UTPCPL"), 73 P. S. §201-1 et seM
c ..
68. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce are unlawful.
69. Pursuant to the UTPCPL, the Plaintiff has a private right of action against the
Defendant to recover up to three times their actual damages, plus costs and reasonable attorney's
fees.
70. As a direct result of the Defendant's unfair and deceptive acts and practices as
described more fully herein, the Plaintiff has suffered damages including the fact that the
addition work was not completed in a workmanlike manner which total costs to cure will be in
an amount to be determined in advance of the trial of this matter.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment
in Plaintiff's favor and against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
11
3. Treble damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT IX - BREACH OF CONTRACT (loan - $4,400.00)
71. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
72. As part of the parties' agreement for the loan, the Defendant agreed to repay the
Plaintiff.
73. As a result of Defendant's failure to repay the loan as agreed to by the parties, the
Plaintiff has or will incur expenses.
WIEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $4,400.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT X - FRAUD (loan - $4,400.00)
74. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
75. The Defendant represented to Plaintiff that Defendant would be able to repay the
Plaintiff the amount of $4,400.00.
76. These representations by the Defendant to the Plaintiff were material to the
Plaintiff s decision to loan Defendant money.
12
77. Defendant's representations to the Plaintiff were fraudulent in that he knew they
were intended to induce the Plaintiff to enter into an agreement to loan him money and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and or;
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or;
C. Defendant knew that he did not have the basis that he stated
or implied in the assertions.
78. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
79. The Plaintiff justifiably relied on the misrepresentations of Defendant.
80. At or before the date the Defendant entered into the agreement with the Plaintiff
for the Plaintiff to loan Defendant money, Defendant knew or should have know that he was
unable to repay the Plaintiff under the terms and conditions represented to the Plaintiff by the
Defendant and as explained more fully above.
80. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages.
81. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendant's fraudulent representations as stated above,
the Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and
against Defendant as follows:
A. The amount of $4,400.00 for the loan;
B. Together with costs and interest;
13
C. Punitive damages
D. Attorney fees; and
E. Such other relief as this Court may deem appropriate and just under the
law.
COUNT XI - BREACH OF CONTRACT (loan - $15,000.00)
82 Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
83. As part of the parties' agreement for the loan, the Defendant agreed to repay the
Plaintiff.
84. As a result of Defendant's failure to repay the Plaintiff as agreed to by the parties,
the Plaintiff has or will incur expenses.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $15,000.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT XH - FRAUD (loan - $15,000.00)
85. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
86. The Defendant represented to Plaintiff that Defendant would make monthly
payment on the Citi-Financial loan of $15,000.00.
87. These representations by the Defendant to the Plaintiff were material to the
Plaintiff's decision to loan Defendant money.
14
88. Defendant's representations to the Plaintiff were fraudulent in that he knew they
were intended to induce the Plaintiff to enter into an agreement to loan him money and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and or;
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or;
C. Defendant knew that he did not have the basis that he stated
or implied in the assertions.
89. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
90. The Plaintiff justifiably relied on the misrepresentations of Defendant.
91. At or before the date the Defendant entered into the agreement with the Plaintiff
for the Plaintiff to loan Defendant money, Defendant knew or should have know that he was
unable to repay the Plaintiff under the terms and conditions represented to the Plaintiff by the
Defendant and as explained more fully above.
92. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages.
93. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendant's fraudulent representations as stated above,
the Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and
against Defendant as follows:
A. The amount of $15,000.00 or the Citi-Financial loan;
B. Together with costs and interest;
15
C. Punitive damages
D. Attorney fees; and
E. Such other relief as this Court may deem appropriate and just under the law.
Respectfully submitted,
Date: 0 -v2 P - Q - By:
Andrew H/Shaw, ire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
16
VERIFICATION
I verify that the statements made in this Complaint 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
unsworn falsification to authorities.
b {
Date: ? oz&tzo
S ick
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SALES SUPPORT WORKLIST BRANCH ADMIN CUSTOMER SVC ? I EXIT
EXHIBIT
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IN.
SHIRLEY A. BARRICK,
Plaintiff
V.
GREG MYERS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6357 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER TO COMPLAINT
1. ADMITTED.
2. DENIED. To the contrary, Defendant resides at 2521 Rittner Highway, Carlisle, Cumberland
County, Pennsylvania.
3. ADMITTED.
4. DENIED. Defendant never entered into any agreement- oral or otherwise -to enclose the
car port at Plaintiffs residence at 128 Darr Avenue, Carlisle, Cumberland County, Pennsylvania.
5. DENIED. All monies paid were, instead, related to various construction activities in
connection with a deck which was erected and various other labor ancillary to the construction of the
deck.
6. DENIED. Defendant never contracted to enclose the car port.
7. ADMITTED.
8. ADMITTED in part and DENIED in part. It is admitted that said $8,400.00 represented a
portion of the purchase price for the deck activities. By way of further answer, all monies paid, as
alleged in the Complaint, were for the deck construction and other change orders desired by Plaintiff,
including, but not limited to, tearing the old deck down; rebuilding it over top of the garage; enclosing it
with a screened porch; placing shingles on the roof; installing outdoor carpet; building steps and a
1
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walkway to the pool; installing light fixtures and new electrical up to it; and various other tasks, as
Plaintiff continually changed her mind concerning what she wanted.
9. ADMITTED.
10. DENIED. In fact, the Chief Codes Enforcement Officer for North Middleton Township has
authored a letter indicating that the project was properly inspected and that a Certificate of occupancy
has been issued.
11. DENIED. Defendant incorporates by reference, as if fully set forth in its entirety, his answer
to paragraph 10 above.
12. DENIED. The payment of said money did not represent a loan but, rather, payment for
materials and labor for the aforesaid activities described in answer to paragraph 8 above. Defendant
may have mentioned to Plaintiff that he intended to get a vehicle with the money he was owed, but
there was in no way an agreement to loan money to Defendant.
13. ADMITTED. By way of further answer, this was for labor and materials furnished by
Defendant and for which Plaintiff was obligated.
14. DENIED. There was no loaned money.
15. DENIED. There was no loaned money for which there was an obligation to repay.
16. DENIED. Defendant lacks sufficient information to form a belief as to the truth or falsity of
the averment contained at paragraph 16 and, accordingly, denies the same. By way of further answer,
any money obtained by Plaintiff was used to pay for the cost of the deck and associated construction
activities.
17. DENIED.
18. DENIED. Any monies dispersed to Defendant were for labor and materials for the activities
more particularly described in answer to paragraph 8 above.
19. DENIED.
2
20. DENIED. The return of the $400.00 was for an overpayment deliberately made by Plaintiff so
that she might maximize her credit line.
21. DENIED. Defendant lacks sufficient information to form a belief as to the truth of the
averment contained at paragraph 21 of the Complaint and, accordingly, denies the same.
22. DENIED. Defendant lacks sufficient information to form a belief as to the truth of the
averment contained at paragraph 22 of the Complaint and, accordingly, denies the same.
COUNT I - BREACH OF CONTRACT (CAR- PORT)
23. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
24. DENIED. Defendant never entered into an oral agreement to perform any construction work
in connection with the car-port.
25. DENIED. Defendant incorporates by reference, as if fully set forth in its entirety, his answer
to paragraph 24 of the Complaint above.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count I of the Complaint.
COUNT II - NEGLIGENT PERFORMANCE OF CONTRACT (CAR-PORT)
26. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
27. DENIED. There was no contract.
28. DENIED. There were no Plaintiff demands.
3
4
1-
29. DENIED.
30. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count II of the Complaint.
COUNT III - FRAUD (CAR-PORT)
31. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
32. DENIED. Defendant never made any such representations with regard to the Car-Port.
33. DENIED.
34. DENIED.
35. DENIED.
36. DENIED. There were no misrepresentations by Defendant, as there was no oral contract
involving any construction work for the Car-Port.
37. DENIED.
38. DENIED.
39. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count III of the Complaint.
4
COUNT IV - UNFAIR TRADE PRACTICE (CAR-PORT)
40. Defendant incorporates by reference, as if set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
41. DENIED. The allegation contained at paragraph 41 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
42. DENIED. The allegation contained at paragraph 42 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
43. DENIED. The allegation contained at paragraph 43 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
44. DENIED. The allegation contained at paragraph 44 of the Complaint represents a conclusion
of law to which no response is necessary under the Pennsylvania Rules of Civil Procedure.
45. DENIED. The allegation contained at paragraph 45 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
46. DENIED. Defendant never entered into an oral contract to perform construction work with
regard to the car-port and, accordingly, never undertook to perform any such work.
WHEREFORE, it is requested that judgment be entered in favor of defendant and against
Plaintiff with regard to Count IV of the Complaint.
COUNT V - BREACH OF CONTRACT (DECK)
47. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
48. ADMITTED.
5
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4
49. DENIED. Defendant incorporates by reference, as if set forth in its entirety, his answer to
paragraph 10 of the Complaint. By way of further answer, Defendant avers that all work undertaken was
completed in a satisfactory manner.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count V of the Complaint.
COUNT VI - NEGLIGENT PERFORMANCE OF CONTRACT (DECK)
50. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
51. ADMITTED.
52. DENIED. Defendant denies that there were any so-called "breaches;" in fact, the Codes
Enforcement Officer has inspected the work and issued a certificate of occupancy. In addition, at no
time has Plaintiff made any demands regarding the work performed, even calling Defendant
approximately six months ago seeking him to perform additional unrelated work.
53. DENIED.
54. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count VI of the Complaint.
COUNT VII - FRAUD (DECK)
55. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
6
4
56. ADMITTED.
57. DENIED. Defendant lacks sufficient information to form a belief as to the truth of the
allegation contained at paragraph 57 of the Complaint and, accordingly, denies the same. Defendant has
no idea concerning what the thought process of Plaintiff entailed.
58. DENIED.
59. DENIED.
60. DENIED.
61. DENIED.
62. DENIED.
63. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count VII of the Complaint.
COUNT VIII - UNFAIR TRADE PRACTICE (DECK)
64. Defendant incorporates by reference, as if set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
65. DENIED. The allegation contained at paragraph 65 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
66. DENIED. The allegation contained at paragraph 66 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
67. DENIED. The allegation contained at paragraph 67 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
7
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68. DENIED. The allegation contained at paragraph 68 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
69. DENIED. The allegation contained at paragraph 69 of the Complaint represents a conclusion
of law to which no response is required under the Pennsylvania Rules of Civil Procedure.
70. DENIED. It is expressly denied that Plaintiff was damaged in any way by the construction
activities of Defendant.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to COUNT VIII of the Complaint.
COUNT IX - BREACH OF CONTRACT (loan - $4,400.00)
71. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
72. DENIED. At no time did Plaintiff loan any money to Defendant.
73. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count IX of the Complaint.
COUNT X - FRAUD (loan - $4,400.00)
74. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
75. DENIED. There were no such representations.
76. DENIED. There were no such representations.
8
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77. DENIED.
78. DENIED.
79. DENIED.
80. DENIED.
81. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count X of the Complaint.
COUNT XI - BREACH OF CONTRACT (loan - $15,000.00)
82. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
83. DENIED. There was no such loan.
84. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count XI of the Complaint.
COUNT XII - FRAUD (loan - $15,000.00)
85. Defendant incorporates by reference, as if fully set forth in their entirety, his answers to
paragraphs 1-22 of the Complaint.
86. DENIED. There was no such loan.
87. DENIED.
88. DENIED.
9
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89. DENIED.
90. DENIED.
91. DENIED.
92. DENIED.
93. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and against
Plaintiff with regard to Count XII of the Complaint.
Respectfully submitted,
(?Z Y4,14, -
Joh M. Kerr, Esquire
I.D. 26414
Law Office of John M. Kerr, Esquire
5000 Ritter Road
Suite 202
Mechanicsburg, PA 17055
(717) 766-4008
Dated: December 12, 2007 Attorney for Defendant, Greg Myers
10
VERIFICATION
The undersigned, Gregory Myers, hereby states that he is the Defendant in the foregoing action
and, as such, is authorized to execute this Verification, and that any factual statements contained in the
Answer are true to the best of his knowledge, information and belief. He understands that any false
statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification
to authorities.
Dated: December 12, 2007
Greg Myers
1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has served a copy of the foregoing "Answer To
Complaint" on the below-named individual in the manner indicated:
First-Class Mail, Postage Prepaid
Andrew H. Shaw, Esquire
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
?.z V.
Jo M. Kerr, Esquire
La Office of John M. Kerr, Esquire
5000 Ritter Road
Suite 202
Mechanicsburg, PA 17055
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06357 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BARRICK SHIRLEY A
VS
MYERS GREG
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MYERS GREG the
DEFENDANT , at 2031:00 HOURS, on the 6th day of November , 2007
at 171 WEST NORTH STREET
CARLISLE, PA by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
18.00
4.80
.58
10.00
day
So Answers:
R. Thomas Kline
11/07/2007
ANDREW SHAW
By:
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK,
Plaintiff
V.
GREG MYERS,
Defendant
NO.: 07-6357
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS OF PLAINTIFF ADDRESSED TO
DEFENDANT
TO: Greg Myers
c/o John M. Kerr, Esquire
Law Office of John M. Kerr, Esquire
5000 Ritter Road
Suite 202
Mechanicsburg, PA 17055
PLEASE TAKE NOTICE that you are hereby requested to produce for inspection and other
purposes, including copying, pursuant to the Pennsylvania Rules of Civil Procedure, at the office
of the counsel for the requesting party, or at such other location as may be mutually agreeable
between counsel for you and counsel for the requesting party, not less than thirty (30) days after
service of these requests, documents herein cited. The word "document" or "documents" as
herein used includes but is not limited to photographs, video tapes, drawings, reports, statements
and memoranda, as well as all other documents as defined in the Rules.
If the term "document" is used in a request with other terms included in the above definition,
such use of the terms included in the definition should not be construed as altering the definition
of document for that request; rather such use should be considered guidance for the responding
party
For all of the following requests, if the date of the communication or document is not evident on
the face of the document, please provide that date, as well as the identity of the author and all
recipients.
1. Produce any and all documents related to money received from the Plaintiff with an
explanation of purpose of payment.
2. Produce any and all documents related to money paid to the Plaintiff with an
explanation of the purpose of the payment.
3. Produce any and all documents related to work performed for the Plaintiff with a
detailed explanation of work, including but not limited to time, dates, materials,
plans, and work orders.
4. Produce any and all documents related to agreements for work to be done by the
Defendant for the benefit of the Plaintiff.
5. Produce any and all documents issued by North Middleton Code Enforcement Officer
or any other agents of North Middletown Township relating to work performed by the
Defendant, for the benefit of the Plaintiff.
6. Produce any and all documents, permits, applications, contracts or certificates related
to work performed by the Defendant for the benefit of the Plaintiff.
7. Please provide copies of any and all documents not requested in the preceding
paragraphs, but related to the transaction between Plaintiff and Defendant.
Date: / " &- UR
Law Office of Andrew H. Shaw, P.C.
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Plaintiff
Sup. Ct. I.D. No. 87371
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Request for Production of Documents, was served this date on the
below named, by placing same in the United States mail, first-class, postage prepaid
thereon, addressed as follows:
John M. Kerr, Esquire
Law Office of John M. Kerr, Esquire
5000 Ritter Road
Suite 202
Mechanicsburg, PA
Attorney for Defendant
Date: / -y-- 0 R
Sup. Ct. I.D. No. 87371
Law Office of Andrew H. Shaw, P.C.
Carlisle, PA 17013
(717) 243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK,
Plaintiff
V.
GREG MYERS,
Defendant
NO.: 07-6357
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
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 AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK, NO.: 07-6357
Plaintiff
V. CIVIL ACTION - LAW
GREG MYERS,
Defendant JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion
reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRTTA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK,
Plaintiff
V.
GREG MYERS,
Defendant
NO.: 07-6357
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDED COMPLAINT
AND NOW, this day of 2008, comes the Plaintiff, Shirley
A. Barrick, by and through her attorney, Andrew H. Shaw, Esquire and files the instant
Complaint and in support thereof states as follows:
1. Plaintiff is an adult individual residing at 128 Darr Avenue, Carlisle,
Cumberland County, Pennsylvania.
2. Defendant, Greg Myers is an adult individual, residing at 171 West North
Street, Carlisle, Cumberland County, Pennsylvania.
3. Defendant engages in general construction work in the Carlisle area.
4. In May of 2006, Plaintiff contracted with the Defendant to build a deck onto
her residence in late May 2006.
5. Plaintiff paid Defendant $8,400.00 to build the deck:
a. Check number 8220 dated May 5, 2006 in the amount of $3,400.00
(Attached hereto and incorporated by reference as Exhibit "D");
b. Check number 5127 date May, 2006 in the amount of $5,000.00;
6. Defendant began work on Plaintiff s deck on or about the end of May 2006.
1
7. Defendant never completed the contracted work.
8. The Defendant failed to perform the contract and his duties to the Plaintiff in a
good and workmanlike manner and failed to perform under the terms and conditions agreed.
9. Towards the end of May 2006, Plaintiff and Defendant discussed another
separate contract whereby Defendant was to enclose the car port at Plaintiff's residence.
10. As a down payment for the work to be done on the carport, Plaintiff paid
Defendant $7,000.00 for the enclosure of Plaintiff's carport:
a. Check number 5137 dated May 25, 2006 in the amount of $2,500.00
(Attached hereto and incorporated by reference as Exhibit "A")
b. Check number 5138 dated May 31, 2006 in the amount of $3,000.00
(Attached hereto and incorporated by reference as Exhibit "B")
c. Check number 5143 dated June 8, 2006 in the amount of $1,500.00
(Attached hereto and incorporated by reference as Exhibit "C")
11. Shortly after June 8, 2006, and prior to Defendant commencing any work,
Plaintiff notified Defendant that she did not want the carport work to be done, and Defendant
acknowledged that he was obligated to return the down payment of $7,000.00.
12. Defendant never returned the $7,000.00 payment to the Plaintiff.
13. In June of 2006 the Plaintiff and the Defendant entered into an agreement that
Plaintiff would loan Defendant $4,400.00 for the purchase of a new vehicle.
14. On or about June 8, 2006 the Plaintiff provided the Defendant with a check for
$4,400.00 drawn on her American Express account, check number 8218 (Attached hereto and
incorporated by reference as Exhibit "E").
15. Defendant never re-paid the Plaintiff for the money loaned.
2
16. In May of 2006, Plaintiff entered into a contract with Citi-Financial to acquire
a loan of $15,000.00.
17. Plaintiff and Defendant agreed that Defendant would receive the proceeds of
the Citi-Financial loan in the middle of May of 2006.
18. The Citi-Financial loans were dispersed to the Defendant and the Plaintiff
(Attached hereto and incorporated by reference as Exhibit 'F").
19. Defendant agreed to make monthly payments on the Citi-Financial loan.
20. To date, Defendant has made one payment on the Citi-Financial loan in the
amount of $400.00.
21. Plaintiff has been paying the Citi-Financial loans so not to incur any further
detriment to herself and her credit rating.
COUNT I - BREACH OF CONTRACT (deck)
22. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
23. As part of the parties' agreement for the renovation work, the Defendant agreed to
perform all work.
24. As a result of Defendant's failure to perform all work agreed to by the parties, the
Plaintiff has or will incur expenses in hiring other contractor(s) to perform said work.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $8,400.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
3
COUNT U - NEGLIGENT PERFORMANCE OF CONTRACT(deck)
25. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth herein.
26. The Defendant had a duty to the Plaintiff to perform the terms of the construction
contract in the manner set forth therein and to do so in a timely and workmanlike manner.
27. Defendant failed and refused to cure the aforesaid breaches, despite the Plaintiff's
demands.
28. Defendant failed to perform various duties towards the Plaintiff as stated herein.
29. The Plaintiff has suffered damages because of the negligent, careless, and
unworkmanlike manner in which Defendant performed work under the contract.
WHEREFORE, because of the Defendant's negligent performance of the contract, the
Plaintiff demands judgment against the Defendant in the amount of $8,400.00 together with costs
and interest and such other relief as this Honorable Court may deem appropriate under law, said
amount being necessary to place the Plaintiffs in the position they would have been in had
Defendants performed the contract as per the parties' agreement and had Defendant repaid the
loans as per the parties' agreement.
COUNT III - FRAUD (deck)
30. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
31. The Defendant represented to the Plaintiff that Defendant would be able to
perform the renovation work to her home in a good and workmanlike manner and according to
standard industry practices including all relevant codes.
4
32. These representations by Defendant to the Plaintiff were material to the Plaintiffs'
decision to enter into a contract for construction with the Defendant.
33. Defendant's representations to the Plaintiff were fraudulent in that they were
intended to induce the Plaintiff to enter into an agreement for remodeling and/ or reconstruction
and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and/or
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or
C. Defendant knew that he did not have the basis that he stated or implied in the
assertions.
34. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
35. The Plaintiff justifiably relied on the misrepresentations of Defendant.
36. At or before the date the Defendant entered into the contract for the renovation
work with the Plaintiff, Defendant knew or should have known that he would not or was unable
to perform the work under the terms and conditions represented to the Plaintiff by the Defendant
and as explained more fully above.
37. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages including that her
renovations were not completed in a workmanlike manner as agreed, which total costs to cure
will be in an amount to be determined in advance of the trial of this matter.
38. Defendant's actions as stated above are outrageous in nature.
5
WHEREFORE, because of the Defendants' fraudulent representations as stated above,
the Plaintiff respectfully request this Honorable Court to enter judgment in Plaintiff s favor and
against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Punitive damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT IV - UNFAIR TRADE PRACTICE (deck)
39. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
40. Defendant's misrepresentations, or failure to represent, constitute unfair and
deceptive acts and/or practices pursuant to the Unfair Trade Practice and Consumer Protection
Law (hereinafter "UTPCPL"), 73 P. S. § 201-1 et seq.
41. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce is unlawful.
42. The Defendant's misrepresentations as more fully set forth hereinabove at length
constitute unfair and deceptive acts and/or practices under the Unfair Trade Practices and
Consumer Protection Law ("UTPCPL"), 73 P. S. §201-1 et s
6
43. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce are unlawful.
44. Pursuant to the UTPCPL, the Plaintiff has a private right of action against the
Defendant to recover up to three times their actual damages, plus costs and reasonable attorney's
fees.
45. As a direct result of the Defendant's unfair and deceptive acts and practices as
described more fully herein, the Plaintiff has suffered damages including the fact that the
addition work was not completed in a workmanlike manner which total costs to cure will be in
an amount to be determined in advance of the trial of this matter.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment
in Plaintiff's favor and against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Treble damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT I- BREACH OF CONTRACT kar-port)
46. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
7
47. As part of the parties' agreement for the renovation work, the Defendant agreed to
perform all work.
48. As a result of Defendants failure to perform all work agreed to by the parties, the
Plaintiff has or will incur expenses in hiring other contractor(s) to perform said work.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $7,000.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT II - NEGLIGENT PERFORMANCE OF CONTRACT(car-port)
49. As a result of Defendants failure to perform all work agreed to by the parties, the
Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth
herein.
50. The Defendant had a duty to the Plaintiff to perform the terms of the construction
contract in the manner set forth therein and to do so in a timely and workmanlike manner.
51. Defendant failed and refused to cure the aforesaid breaches, despite the Plaintiff's
demands.
52. Defendant failed to perform various duties owed to the Plaintiff as stated herein.
53. The Plaintiff has suffered damages because of the negligent, careless, and
unworkmanlike manner in which Defendant performed work under the contract.
WHEREFORE, because of the Defendant's negligent performance of the contract, the
Plaintiff demands judgment against the Defendant in the amount of $7,000.00 together with costs
8
and interest and such other relief as this Honorable Court may deem appropriate under law, said
amount being necessary to place the Plaintiff in the position she would have been in had
Defendant performed the contract as per the parties' agreement.
COUNT III - FRAUD (car-port)
54. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
55. The Defendant represented to the Plaintiff that Defendant would be able to
perform the renovation work to her home in a good and workmanlike manner and according to
standard industry practices including all relevant codes.
56. These representations by Defendant to the Plaintiff were material to the Plaintiff's
decision to enter into a contract for construction with the Defendant.
57. Defendant's representations to the Plaintiff were fraudulent in that they were
intended to induce the Plaintiff to enter into an agreement for remodeling and/ or reconstruction
and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and/or
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or
C. Defendant knew that he did not have the basis that he stated or implied in
the assertions.
58. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
59. The Plaintiff justifiably relied on the misrepresentations of Defendant.
9
60. At or before the date the Defendant entered into the contract for the renovation
work with the Plaintiff, Defendant knew or should have known that he would not, or was unable
to perform the work under the terms and conditions represented to the Plaintiff by the Defendant
and as explained more fully above.
61. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages including that her
renovations were not completed in a workmanlike manner as agreed, which total costs to cure
will be in an amount to be determined in advance of the trial of this matter.
62. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendants' fraudulent representations as stated above,
the Plaintiff respectfully request this Honorable Court to enter judgment in Plaintiff s favor and
against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Punitive damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT IV - UNFAIR TRADE PRACTICE (car-port)
63. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
10
64. Defendant's misrepresentations, or failure to represent, constitute unfair and
deceptive acts and/or practices pursuant to the Unfair Trade Practice and Consumer Protection
Law (hereinafter "UTPCPL"), 73 P. S. § 201-1 et seq.
65. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce is unlawful.
66. The Defendant's misrepresentations as more fully set forth hereinabove at length
constitute unfair and deceptive acts and/or practices under the Unfair Trade Practices and
Consumer Protection Law ("UTPCPL"), 73 P.S. §201-1 et s
67. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce are unlawful.
68. Pursuant to the UTPCPL, the Plaintiff has a private right of action against the
Defendant to recover up to three times their actual damages, plus costs and reasonable attorney's
fees.
69. As a direct result of the Defendant's unfair and deceptive acts and practices as
described more fully herein, the Plaintiff has suffered damages including the fact that the
addition work was not completed in a workmanlike manner which total costs to cure will be in
an amount to be determined in advance of the trial of this matter.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment
in Plaintiff's favor and against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
11
3. Treble damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT IX - BREACH OF CONTRACT (loan - $4,400.00)
70. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
71. As part of the parties' agreement for the loan, the Defendant agreed to repay the
Plaintiff.
72. As a result of Defendant's failure to repay the loan as agreed to by the parties, the
Plaintiff has or will incur expenses.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $4,400.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT X - FRAUD (loan - $4,400.00)
73. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
74. The Defendant represented to Plaintiff that Defendant would be able to repay
Plaintiff the amount of $4,400.00.
75. These representations by the Defendant to the Plaintiff were material to the
Plaintiff's decision to loan Defendant money.
12
76. Defendant's representations to the Plaintiff were fraudulent in that he knew they
were intended to induce the Plaintiff to enter into an agreement to loan him money and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and or;
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or;
C. Defendant knew that he did not have the basis that he stated
or implied in the assertions.
77. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
78. The Plaintiff justifiably relied on the misrepresentations of Defendant.
79. At or before the date the Defendant entered into the agreement with the Plaintiff
for the Plaintiff to loan Defendant money, Defendant knew or should have know that he was
unable to repay the Plaintiff under the terms and conditions represented to the Plaintiff by the
Defendant and as explained more fully above.
80. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages.
81. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendant's fraudulent representations as stated above,
the Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and
against Defendant as follows:
A. The amount of $4,400.00 for the loan;
B. Together with costs and interest;
13
C. Punitive damages
D. Attorney fees; and
E. Such other relief as this Court may deem appropriate and just under the
law.
COUNT M - BREACH OF CONTRACT (loan - $15,000.00)
82 Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
83. As part of the parties' agreement for the loan, the Defendant agreed to repay the
Plaintiff.
84. As a result of Defendant's failure to repay the Plaintiff as agreed to by the parties,
the Plaintiff has or will incur expenses.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $15,000.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT IIII - FRAUD (loan - $15,000.00)
85. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
86. The Defendant represented to Plaintiff that Defendant would make monthly
payment on the Citi-Financial loan of $15,000.00.
87. These representations by the Defendant to the Plaintiff were material to the
Plaintiff s decision to loan Defendant money.
14
88. Defendant's representations to the Plaintiff were fraudulent in that he knew they
were intended to induce the Plaintiff to enter into an agreement to loan him money and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and or;
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or;
C. Defendant knew that he did not have the basis that he stated
or implied in the assertions.
89. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
90. The Plaintiff justifiably relied on the misrepresentations of Defendant.
91. At or before the date the Defendant entered into the agreement with the Plaintiff
for the Plaintiff to loan Defendant money, Defendant knew or should have know that he was
unable to repay the Plaintiff under the terms and conditions represented to the Plaintiff by the
Defendant and as explained more fully above.
92. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages.
93. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendant's fraudulent representations as stated above,
the Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and
against Defendant as follows:
A. The amount of $15,000.00 for the Citi-Financial loan;
B. Together with costs and interest;
15
C. Punitive damages
D. Attorney fees; and
E. Such other relief as this Court may deem appropriate and just under the law.
Respectfully submitted,
Date: OR,
By:
Andrew H. S aw, squire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
16
VERIFICATION
I verify that the statements made in this Amended Complaint 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 unsworn falsification to authorities.
Date: ?r
S ck
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SALES SUPPORT I WORKLIST I BRANCH ADMIN CUSTOMER SVC ? I EXIT
EXHIBIT
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Amended Complaint, was served this date on the below named, by
placing same in the United States mail, first-class, postage prepaid thereon, addressed as
follows:
John M. Kerr, Esquire
Law Office of John M. Kerr, Esquire
5000 Ritter Road
Suite 202
Mechanicsburg, PA
Attorney for Defendant
Date: ?/ - 'Z?_ V?
Sup. Ct. I.D. No. 87371
Law Office of Andrew H. Shaw, P.C.
Carlisle, PA 17013
(717) 243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Plaintiff
SHIRLEY A. BARRICK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-6357
V.
CIVIL ACTION _ LAW
GREG MYERS,
Defendant
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Shirley A. Barrick c/o Andrew H. Shaw, Esquire
You are hereby notified to file a written response to the enclosed Counterclaim within
twenty (20) days from service hereof or a judgment may be entered against you.
Q?4 iff g?z
Jo M. Kerr, Esquire
I. D. #26414
Law Office of John M. Kerr, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
(717) 766-4008
Dated: June 9, 2008
SHIRLEY A. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-6357
V.
GREG MYERS,
Defendant
CIVIL ACTION _ LAW
JURY TRIAL DEMANDED
ANSWER TO AMENDED COMPLAINT WITH COUNTERCLAIM
1. ADMITTED.
2. ADMITTED.
3. ADMITTED.
4. ADMITTED.
5. DENIED. Plaintiff paid Defendant a total of $34,409.80 for the work he performed
in 2006, as documented in Defendant's Response to written discovery and provided by
correspondence dated February 20, 2008.
6. Admitted. By way of further answer, and as stated at his deposition, it was during
the month of May, 2006 "towards the end."
7. DENIED. By way of further answer and as more fully stated at his deposition,
other than "odds and ends," the work was completed by the end of July, 2006.
8. DENIED.
9. DENIED. As stated at Defendant's deposition, the only discussion relative to a
carport was a year earlier - in 2005 - when the Township refused to permit her to build
such a carport.
10. DENIED. It is specifically denied that Plaintiff's Exhibits "A", "B," and "C" were
payment for anything other than the deck and work associated with it completed in May-
July, 2006.
11. DENIED.
12. DENIED as stated. Defendant was paid for his services pursuant to the parties'
oral contractual agreement and was obligated to return any money to Plaintiff.
13. DENIED.
14. AMITTED. By way of further answer, these funds were part of the monies paid
for the deck and associated work during May-July, 2006.
15. DENIED. Plaintiff never loaned Defendant any money.
16. DENIED. Defendant lacks sufficient information to form a belief as to the truth or
falsity of the allegation at Paragraph 16 of Plaintiffs Amended Complaint and,
accordingly, denies the same. Strict proof is demanded at time of trial.
17. DENIED.
18. DENIED. Exhibit "F" to Plaintiff's Amended Complaint is a written document
which speaks for itself. Any inference that Defendant was loaned money by Plaintiff is
expressly denied.
19. DENIED.
20. DENIED. As stated at Defendant's deposition, Plaintiff overpaid him on her credit
line to obtain more favorable terms, and he merely reimbursed her by way of a one time
payment of $400.00.
21. DENIED. Defendant lacks sufficient information to form a belief as to the truth of
the falsity of the allegation contained at paragraph 21 of Plaintiff's Amended Complaint
and, accordingly, denies the same. Strict proof is demanded at time of trial.
COUNT I - BREACH of CONTRACT (deck)
22. Defendant incorporates by reference his answers to paragraphs 1-21 of the
Amended Complaint, as if fully set forth in their entirety.
23. ADMITTED.
24. DENIED. Defendant performed all work for which he contracted to complete,
including Plaintiffs frequent changes to the original oral contractual agreement.
WHEREFORE, it is requested that the Court enter judgment in favor of Defendant
and against Plaintiff as to Count I of the Complaint.
COUNT II - NEGLIGENT PERFORMANCE OF CONTRACT (deck)
25. Defendant incorporates by reference his answers to paragraphs 1-21 of the
Amended Complaint, as if fully set forth in their entirety.
26. ADMITTED.
27. DENIED. Plaintiff has failed to allege any specific breaches of the contract other
than general allegations and Defendant is unable to answer as a result of such vague
and ambiguous pleading.
28. DENIED. Defendant incorporates by reference his answer to paragraph 27 of the
Amended Complaint, as if set forth in its entirety.
29. DENIED. By way of further answer, the work "negligent" represents a tort
concept and is inappropriate to a Count based upon contract.
WHEREFORE, it is requested that the Court enter judgment on behalf of Defendant
and against Plaintiff as to Count II of the Amended Complaint.
COUNT III - FRAUD (deck)
30. Defendant incorporates by reference his answers to paragraphs 1-21 of the
Amended Complaint, as if fully set forth in their entirety.
31. ADMITTED.
32. DENIED. Defendant lacks sufficient information to form a belief as to the truth or
falsity of the allegation contained at paragraph 32 of Plaintiffs Amended Complaint, as
that information lies within the subjective knowledge of Plaintiff. Strict proof is demanded
at time of trial.
33. DENIED.
34. DENIED.
35. DENIED. Defendant lacks sufficient information to form a belief as to the truth or
falsity of the allegation contained at paragraph 35 of Plaintiffs Amended Complaint, as
that information lies within the subjective knowledge of Plaintiff. Strict proof uis
demanded at time of trial.
36. DENIED.
37. DENIED.
38. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant and
against Plaintiff, as to Count III of the Amended Complaint.
COUNT IV - UNFAIR TRADE PRACTICE (deck)
39. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
40. DENIED. The allegation contained at paragraph 40 of the Amended
Complaint represents a conclusion of law to which no response is required under the
Pennsylvania Rules of Civil Procedure.
41. DENIED. The allegation contained at paragraph 41 of the Amended
Complaint represents a conclusion of law to which no response is required under the
Pennsylvania Rules of Civil Procedure.
42. DENIED. The allegation contained at paragraph 42 of the Amended
Complaint represents a conclusion of law to which no response is required under the
Pennsylvania Rules of Civil Procedure.
43. DENIED. The allegation contained at paragraph 43 of the Amended
Complaint represents a conclusion of law to which no response is required under the
Pennsylvania Rules of Civil Procedure.
44. DENIED. The allegation contained at paragraph 44 of the Amended
Complaint represents a conclusion of law to which no response is required under the
Pennsylvania Rules of Civil Procedure.
45. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff, as to Count IV of the Amended Complaint.
COUNT I - BREACH OF CONTRACT (car-port)
46. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
47. DENIED. Plaintiff clearly stated at her deposition that there was never an
agreement as to the car port. Moreover, Plaintiff's counsel represented, in requesting
agreement of undersigned counsel for the right to file an Amended Complaint, that
the car port allegations would be removed from the Complaint.
48. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff, as to all allegations and Counts relating to the carport.
Moreover, Defendant requests an award of attorney's fees for having to answer
all parts of the Amended Complaint relating to the carport.
COUNT II - NEGLIGENT PERFORMANCE OF CONTRACT (car-port)
49. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
50. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
51. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
52. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
53. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff, as to all allegations and Counts relating to the carport.
Moreover, Defendant requests an award of attorney's fees for having to answer
all parts of the Amended Complaint relating to the carport.
COUNT III - FRAUD (car-port)
54. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
55. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
56. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
57. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
58. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
59. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
60. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
61. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
62. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff, as to all allegations and Counts relating to the carport.
Moreover, Defendant requests an award of attorney's fees for having to answer
all parts of the Complaint relating to the carport.
COUNT IV - UNFAIR TRADE PRACTICE (car-port)
63. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
64. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
65. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
66. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
67. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
68. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
69. DENIED. Defendant incorporates by reference, as if fully set forth in its
entirety, his answer to paragraph 47 of the Amended Complaint.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff, as to all allegations and Counts relating to the carport.
Moreover, Defendant requersts an award of attorney's fees for having to answer
all parts of the Complaint relating to the carport.
COUNT IX - BREACH OF CONTRACT (loan - $4,400.00)
70. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
71. DENIED.
72. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff as to Count IX of the Amended Complaint.
COUNT X - FRAUD (loan - $4,400.00)
73. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
74. DENIED.
75. DENIED. Defendant lacks sufficient information to form a belief as to the
truth or falsity of the allegation contained at paragraph 75 of the Amended
Complaint, since this is in the exclusive knowledge of Plaintiff. Strict proof is
demanded at time of trial.
76. DENIED.
77. DENIED.
78. DENIED. Defendant lacks sufficient information to form a belief as to the
truth or falsity of the allegation at paragraph 78 of the Amended Complaint, since
such information is within the exclusive knowledge of Plaintiff. Strict proof is
demanded at time of trial.
79. DENIED.
80. DENIED.
81. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff, as to Count X of the Amended Complaint.
COUNT XI - BREACH OF CONTRACT (loan - $15,000.00)
82. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
83. DENIED.
84. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff, as to Count XI of the Amended Complaint.
COUNT XII - FRAUD (loan - $15,000.00)
85. Defendant incorporates by reference, as if fully set forth in their entirety,
his answers to paragraphs 1-21 of the Amended Complaint.
86. DENIED.
87. DENIED. Defendant lacks sufficient information to form a belief as to the
truth or falsity of the allegation contained at paragraph 87 of the Amended
Complaint, as that information is within the exclusive knowledge of Plaintiff. Strict
proof is demanded at time of trial.
88. DENIED.
89. DENIED.
90. DENIED. Defendant lacks sufficient information to form a belief as to the
truth or falsity of the allegation contained at paragraph 90 of the Amended
Complaint, as that information is within the exclusive knowledge of Plaintiff. Strict
proof is demanded at time of trial.
91. DENIED.
92. DENIED.
93. DENIED.
WHEREFORE, it is requested that judgment be entered in favor of Defendant
and against Plaintiff, as to Count XII of the Amended Complaint.
COUNTERCLAIM
Greg Myers v. Shirley A. Barrick (attorney's fees)
Counterclaim Plaintiff, Greg Myers, incorporates by reference, as if fully set forth
in their entirety, his answers to paragraphs 1-21 of the Amended Complaint.
2. The original Complaint alleged an oral contract for the construction of a carport at
the home of Counterclaim Defendant, Shirley A. Barrick (hereinafter, "Barrick").
3. At her deposition on April 8, 2008, Barrick testified that there never was an oral
agreement for the construction of such a carport. Indeed, her testimony indicated that
Counterclaim Plaintiff never gave her a price for such a project.
4. At this deposition, Barrick admitted that she had signed a Verification knowing
that the pleading as to the carport was not accurate.
5. As a result, Defendant Myers was relegated to expending funds for his attorney
to answer allegations the Counterclaim Defendant knew were not true.
6. As a consequence, Counterclaim Defendant Barrick filed an Amended
Complaint.
7. In seeking undersigned counsel's permission to file an Amended Complaint
without leave of court, Barrick's counsel represented that the allegations as to the carport
were to be removed from the Amended Complaint.
8. In fact, this did not occur. Instead, Barrick has inserted verbatim Counts I-IV from
the original Complaint at pages 7-12, ¶¶ 46-69 of the Amended Complaint (see copy of
Amended Complaint appended to this Answer With Counterclaim).
9. In doing so, Barrick has continued to pursue a claim which, by her own
admission under oath, plainly lacks legal merit.
10. As a result, Counterclaim Plaintiff is entitled to an award of attorney's fees and
costs, pursuant to 42 Pa. C.S.§2503(9), for both requiring Myers to answer the portion of the
original Complaint relating to the carport, as well as being relegated to repeat this exercise
in answering an amended complaint which contained counts Barrick knew lacked legal
merit.
11. The amended pleading filed by Barrick is sloppy, was obviously never proof-read,
contains boiler-plate assertions, and intended to harass and to annoy Myers.
WHEREFORE, Counterclaim Plaintiff requests the entry of an award of attorney's fees
and costs, pursuant to the cited provisions of the Judiciary Code.
Respectfully submitted,
J n M. Kerr, Esquire
1. 15. # 26414
Law Office of John M. Kerr, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
(717) 766-4008
Dated: June 9, 2008
VERIFICATION
The undersigned, Greg Myers, hereby states that he is the Defendant in the foregoing
action and, as such, is authorized to execute this Verification and that any factual statements in
the foregoing "Answer With Counterclaim" are true to the best of his knowledge, information
and belief. He understands that any false statements are subject to the penalties prescribed at
18 Pa C.S. §4904, relating to unsworn falsification to authorities.
g Myers
Aa-
i
V*
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHI RLEY A. BARRICK, NO.: 07-6357
Plaintiff
V. CIVIL ACTION - LAW
r, ?v
GREG MYERS,
Defendant JURY TRIAL DEMANDED;
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set r 3
forth in the following pages, you must take action within twenty (20) days after this Zomplaint ?c
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 N 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 AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
"'k
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRIM NO.: 07-6357
Plaintiff
V. CIVIL. ACTION - LAW
GREG MYERS,
Defendant JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion
reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPIEDADES U
OTROS DERECHOS E%IPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK,
Plaintiff
V.
GREG MYERS,
Defendant
NO.: 07-6357
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDED COMPLAINT
2008, comes the Plaintiff, Shirley
AND NOW, this _ day of
A. Barrick, by and through her attorney, Andrew H. Shaw, Esquire and files the instant
Complaint and in support thereof states as follows:
1. Plaintiff is an adult individual residing at 128 Darr Avenue, Carlisle;
Cumberland County, Pennsylvania.
2. Defendant, Greg Myers is an adult individual, residing at 171 West North
Street, Carlisle, Cumberland County, Pennsylvania.
3. Defendant engages in general construction work in the Carlisle area.
4. In May of 2006, Plaintiff contracted with the Defendant to build a deck onto
her residence in late May 2006.
5. Plaintiff paid Defendant $8,400.00 to build the deck:
a. Check number 8220 dated May 5, 2006 in the amount of $3,400.00
(Attached hereto and incorporated by reference as Exhibit "D");
b. Check number 5127 date May, 2006 in the amount of $5,000.00;
6. Defendant began work on Plaintiff's deck on or about the end of May 2006.
1
7. Defendant never completed the contracted work.
8. The Defendant failed to perform the contract and his duties to the Plaintiff in a
good and workmanlike manner and failed to perform under the terms and conditions agreed.
9. Towards the end of May 2006, Plaintiff and Defendant discussed another
separate contract whereby Defendant was to enclose the car port at Plaintiff's residence.
10. As a down payment for the work to be done on the carport, Plaintiff paid
Defendant $7,000.00 for the enclosure of Plaintiff's carport:
a. Check number 5137 dated May 25, 2006 in the amount of $2,500.00
(Attached hereto and incorporated by reference as Exhibit "A")
b. Check number 5138 dated May 31, 2006 in the amount of $3,000.00
(Attached hereto and incorporated by reference as Exhibit "B")
c. Check number 5143 dated June 8, 2006 in the amount of $1,500.00
(Attached hereto and incorporated by reference as Exhibit "C")
11. Shortly after June 8, 2006, and prior to Defendant commencing any work,
Plaintiff notified Defendant that she did not want the carport work to be done, and Defendant
acknowledged that he was obligated to return the down payment of $7,000.00.
12. Defendant never returned the $7,000.00 payment to the Plaintiff.
13. In June of 2006 the Plaintiff and the Defendant entered into an agreement that
Plaintiff would loan Defendant $4,400.00 for the purchase of a new vehicle.
14. On or about June 8, 2006 the Plaintiff provided the Defendant with a check for
$4,400.00 drawn on her American Express account, check number 8218 (Attached hereto and
incorporated by reference as Exhibit "E").
15. Defendant never re-paid the Plaintiff for the money loaned.
2
16. In May of 2006, Plaintiff entered into a contract with Citi-Financial to acquire
a loan of $15,000.00.
17. Plaintiff and Defendant agreed that Defendant would receive the proceeds of
the Citi-Financial loan in the middle of May of 2006.
18. The Citi-Financial loans were dispersed to the Defendant and the Plaintiff
(Attached hereto and incorporated by reference as Exhibit "F").
19. Defendant agreed to make monthly payments on the Citi-Financial loan.
20. To date, Defendant has made one payment on the Citi-Financial loan in the
amount of $400.00.
21. Plaintiff has been paying the Citi-Financial loans so not to incur any further
detriment to herself and her credit rating.
COUNT I - BREACH OF CONTRACT (deck)
22. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
23. As part of the parties' agreement for the renovation work, the Defendant agreed to
perform all work.
24. As a result of Defendant's failure to perform all work agreed to by the parties, the
Plaintiff has or will incur expenses in hiring other contractor(s) to perform said work.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $8,400.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
3
COUNT II - NEGLIGENT PERFORMANCE OF CONTRACT(deck)
25. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth herein.
26. The Defendant had a duty to the Plaintiff to perform the terms of the construction
contract in the manner set forth therein and to do so in a timely and workmanlike manner.
27. Defendant failed and refused to cure the aforesaid breaches, despite the Plaintiff's
demands.
28. Defendant failed to perform various duties towards the Plaintiff as stated herein.
29. The Plaintiff has suffered damages because of the negligent, careless, and
unworkmanlike manner in which Defendant performed work under the contract.
WHEREFORE, because of the Defendant's negligent performance of the contract, the
Plaintiff demands judgment against the Defendant in the amount of $8,400.00 together with costs
and interest and such other relief as this Honorable Court may deem appropriate under law, said
amount being necessary to place the Plaintiffs in the position they would have been in had
Defendants performed the contract as per the parties' agreement and had Defendant repaid the
loans as per the parties' agreement.
COUNT III - FRAUD (deck)
30. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
31. The Defendant represented to the Plaintiff that Defendant would be able to
perform the renovation work to her home in a good and workmanlike manner and according to
standard industry practices including all relevant codes.
4
32. These representations by Defendant to the Plaintiff were material to the Plaintiffs'
decision to enter into a contract for construction with the Defendant.
33. Defendant's representations to the Plaintiff were fraudulent in that they were
intended to induce the Plaintiff to enter into an agreement for remodeling and/ or reconstruction
and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and/or
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or
C. Defendant knew that he did not have the basis that he stated or implied in the
assertions.
34. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
35. The Plaintiff justifiably relied on the misrepresentations of Defendant.
36. At or before the date the Defendant entered into the contract for the renovation
work with the Plaintiff, Defendant knew or should have known that he would not or was unable
to perform the work under the terms and conditions represented to the Plaintiff by the Defendant
and as explained more fully above.
37. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages including that her
renovations were not completed in a workmanlike manner as agreed, which total costs to cure
will be in an amount to be determined in advance of the trial of this matter.
38. Defendant's actions as stated above are outrageous in nature.
5
WHEREFORE, because of the Defendants' fraudulent representations as stated above,
the Plaintiff respectfully request this Honorable Court to enter judgment in Plaintiff's favor and
against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Punitive damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT IV - UNFAIR TRADE PRACTICE (deck)
39. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
40. Defendant's misrepresentations, or failure to represent, constitute unfair and
deceptive acts and/or practices pursuant to the Unfair Trade Practice and Consumer Protection
Law (hereinafter "UTPCPL"), 73 P. S. § 201-1 et seq.
41. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce is unlawful.
42. The Defendant's misrepresentations as more fully set forth hereinabove at length
constitute unfair and deceptive acts and/or practices under the Unfair Trade Practices and
Consumer Protection Law ("UTPCPL"), 73 P.S. §201-1 et se,._
6
I .
43. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce are unlawful.
44. Pursuant to the UTPCPL, the Plaintiff has a private right of action against the
Defendant to recover up to three times their actual damages, plus costs and reasonable attorney's
fees.
45. As a direct result of the Defendant's unfair and deceptive acts and practices as
described more fully herein, the Plaintiff has suffered damages including the fact that the
addition work was not completed in a workmanlike manner which total costs to cure will be in
an amount to be determined in advance of the trial of this matter.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment
in Plaintiff s favor and against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Treble damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT I- BREACH OF CONTRACT (car-iport)
46. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
7
47. As part of the parties' agreement for the renovation work, the Defendant agreed to
perform all work.
48. As a result of Defendants failure to perform all work agreed to by the parties, the
Plaintiff has or will incur expenses in hiring other contractor(s) to perform said work.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $7,000.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT II - NEGLIGENT PERFORMANCE OF CONTRACT(ear-port)
49. As a result of Defendants failure to perform all work agreed to by the parties, the
Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth
herein.
50. The Defendant had a duty to the Plaintiff to perform the terns of the construction
contract in the manner set forth therein and to do so in a timely and workmanlike manner.
51. Defendant failed and refused to cure the aforesaid breaches, despite the Plaintiffs
demands.
52. Defendant failed to perform various duties owed to the Plaintiff as stated herein.
53. The Plaintiff has suffered damages because of the negligent, careless, and
unworkmanlike manner in which Defendant performed work under the contract.
WHEREFORE, because of the Defendant's negligent performance of the contract, the
Plaintiff demands judgment against the Defendant in the amount of $7,000.00 together with costs
8
and interest and such other relief as this Honorable Court may deem appropriate under law, said
amount being necessary to place the Plaintiff in the position she would have been in had
Defendant performed the contract as per the parties' agreement.
COUNT III - FRAUD (car-sort)
54. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
55. The Defendant represented to the Plaintiff that Defendant would be able to
perform the renovation work to her home in a good and workmanlike manner and according to
standard industry practices including all relevant codes.
56. These representations by Defendant to the Plaintiff were material to the Plaintiff's
decision to enter into a contract for construction with the Defendant.
57. Defendant's representations to the Plaintiff were fraudulent in that they were
intended to induce the Plaintiff to enter into an agreement for remodeling and/ or reconstruction
and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and/or
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or
C. Defendant knew that he did not have the basis that he stated or implied in
the assertions.
58. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
59. The Plaintiff justifiably relied on the misrepresentations of Defendant.
9
1'k
60. At or before the date the Defendant entered into the contract for the renovation
work with the Plaintiff, Defendant knew or should have known that he would not, or was unable
to perform the work under the terms and conditions represented to the Plaintiff by the Defendant
and as explained more fully above.
61. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages including that her
renovations were not completed in a workmanlike manner as agreed, which total costs to cure
will be in an amount to be determined in advance of the trial of this matter.
62. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendants' fraudulent representations as stated above,
the Plaintiff respectfully request this Honorable Court to enter judgment in Plaintiff's favor and
against Defendant as follows:
1. In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
3. Punitive damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT IV - UNFAIR TRADE PRACTICE fcar-port)
63. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
10
,L
64. Defendant's misrepresentations, or failure to represent, constitute unfair and
deceptive acts and/or practices pursuant to the Unfair Trade Practice and Consumer Protection
Law (hereinafter "UTPCPL"), 73 P.S. § 201-1 et seq.
65. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce is unlawful.
66. The Defendant's misrepresentations as more fully set forth hereinabove at length
constitute unfair and deceptive acts and/or practices under the Unfair Trade Practices and
Consumer Protection Law ("UTPCPL"), 73 P. S. §201-1 et sec..
67. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and
unfair and deceptive acts and practices in trade or commerce are unlawful.
68. Pursuant to the UTPCPL, the Plaintiff has a private right of action against the
Defendant to recover up to three times their actual damages, plus costs and reasonable attorney's
fees.
69. As a direct result of the Defendant's unfair and deceptive acts and practices as
described more fully herein, the Plaintiff has suffered damages including the fact that the
addition work was not completed in a workmanlike manner which total costs to cure will be in
an amount to be determined in advance of the trial of this matter.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment
in Plaintiff's favor and against Defendant as follows:
I . In an amount equal to the cost necessary to put Plaintiff
in the position they would have been in had the Defendant
performed the contract;
2. Together with costs and interest;
11
% ,.
3. Treble damages;
4. Attorney fees; and
5. Such other relief as this Court may deem appropriate and just under the
law.
COUNT IX - BREACH OF CONTRACT (loan - $4,4010.00)
70. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
71. As part of the parties' agreement for the loan, the Defendant agreed to repay the
Plaintiff.
72. As a result of Defendant's failure to repay the loan as agreed to by the parties, the
Plaintiff has or will incur expenses.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $4,400.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT X - FRAUD (loan - $4,400.00)
73. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
74. The Defendant represented to Plaintiff that Defendant would be able to repay
Plaintiff the amount of $4,400.00.
75. These representations by the Defendant to the Plaintiff were material to the
Plaintiff's decision to loan Defendant money.
12
76. Defendant's representations to the Plaintiff were fraudulent in that he knew they
were intended to induce the Plaintiff to enter into an agreement to loan him money and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and or;
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or;
C. Defendant knew that he did not have the basis that he stated
or implied in the assertions.
77. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
78. The Plaintiff justifiably relied on the misrepresentations of Defendant.
79. At or before the date the Defendant entered into the agreement with the Plaintiff
for the Plaintiff to loan Defendant money.. Defendant knew or should have know that he was
unable to repay the Plaintiff under the terms and conditions represented to the Plaintiff by the
Defendant and as explained more fully above.
80. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages.
81. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendant's fraudulent representations as stated above,
the Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and
against Defendant as follows:
A. The amount of $4,400.00 for the loan;
B. Together with costs and interest;
13
• t
i
C. Punitive damages
D. Attorney fees; and
E. Such other relief as this Court may deem appropriate and just under the
law.
COUNT M - BREACH OF CONTRACT (loan - $15,040.00)
82 Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
83. As part of the parties' agreement for the loan, the Defendant agreed to repay the
Plaintiff.
84. As a result of Defendant's failure to repay the Plaintiff as agreed to by the parties,
the Plaintiff has or will incur expenses.
WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands
judgment against the Defendant in the amount of $15,000.00, together with costs and interest and
such other relief as this Honorable Court may deem appropriate under law, said amount being
necessary to place Plaintiff in the position she would have been in had Defendant performed the
contract as per the parties' agreement.
COUNT IIII - FRAUD (loan - $15.000.00)
85. Plaintiff incorporates herein by reference all averments of this pleading as if more
fully set forth hereinafter.
86. The Defendant represented to Plaintiff that Defendant would make monthly
payment on the Citi-Financial loan of $15,000.00.
87. These representations by the Defendant to the Plaintiff were material to the
Plaintiff s decision to loan Defendant money.
14
• .i
88. Defendant's representations to the Plaintiff were fraudulent in that he knew they
were intended to induce the Plaintiff to enter into an agreement to loan him money and:
A. Defendant knew or believed that these assertions
were not in accord with the facts; and or;
B. Defendant did not have the confidence that he
stated or implied in the truth of his assertions; and/or;
C. Defendant knew that he did not have the basis that he stated
or implied in the assertions.
89. Defendant's assertions were made with actual knowledge of their falsity at the
time they were made, or with reckless disregard of their falsity.
90. The Plaintiff justifiably relied on the misrepresentations of Defendant.
91. At or before the date the Defendant entered into the agreement with the Plaintiff
for the Plaintiff to loan Defendant money, Defendant knew or should have know that he was
unable to repay the Plaintiff under the terms and conditions represented to the Plaintiff by the
Defendant and as explained more fully above.
92. As a result of the misrepresentation of Defendant, and due to Defendant's failure
to advise the Plaintiff otherwise, the Plaintiff has suffered damages.
93. Defendant's actions as stated above are outrageous in nature.
WHEREFORE, because of the Defendant's fraudulent representations as stated above,
the Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and
against Defendant as follows:
A. The amount of $15,000.00 for the Citi-Financial loan;
B. Together with costs and interest;
15
.r
a
C. Punitive damages
D. Attorney fees; and
E. Such other relief as this Court may deem appropriate and just under the law.
Respectfully submitted,
Date: 0 K
By: Z?2 LA.?
Andrew H. S w, squire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
16
J
k
VERIFICATION
I verify that the statements made in this Amended Complaint 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 unworn falsification to authorities.
Date: `7` 7 A1,09
S ' ck
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SHIRLEY EIARRICK CURRENT BOOKED Lock Reference
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25820 I" J J J' GREG MYERS 8,000 00 LOAN PROCEEDS Void Chks Only
258,21 J J I" SHIRLEY A. BARRICK 7,000 05 LOAN PROCEEDS High Credit.
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SALES SUPPORT I WORKLIST I BRANCH ADMIN I CUSTOMER SVC ? I EXIT
E EXHIBIT
F
,r,?„?,
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Amended Complaint, was served this date on the below named, by
placing same in the United States mail, first-class, postage prepaid thereon, addressed as
follows:
John M. Kerr, Esquire
Law Office of John M. Kerr, Esquire
5000 Ritter Road
Suite 202
Mechanicsburg, PA
Attorney for Defendant
Date:
Sup. Ct. I.D. No. 87371
Law Office of Andrew H. Shaw, P.C.
Carlisle, PA 17013
(717) 243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Plaintiff
a
SHIRLEY A. BARRICK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-6357
V.
GREG MYERS,
Defendant
CIVIL ACTION _ LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
The undersigned hereby states that he has served a copy of the foregoing, "Answer To
Amended Complaint With Counterclaim," on the below-identified individual in the manner
indicated:
First Class Mail, Postage Prepaid and by Fascimile
Andrew H. Shaw, Esquire
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
(717) 243-7872 (facsimile)
q,?, ./
Jon M. Kerr, Esquire
L Office of John M. Kerr, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
(717) 766-4008
Dated: June 9, 2008
'It' k7i C-
tiro t ? f
)t?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRIM
Plaintiff
V.
GREG MYERS,
Defendant
NO.: 07-6357
• CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER TO DEFENDANT'S COUNTERCLAIM
AND NOW, this 3 T1 day of July, 2008, comes the Plaintiff, Shirley A. Bamck, by and
through her attorney, Andrew H. Shaw, Esquire and files the instant Answer and in su ort
pp
thereof states as follows:
1. No answer required.
2. Denied as stated. The original Complaint speaks for itself.
3• Admitted in part and denied in
part. It is admitted that Plaintiff, at her
deposition, stated there was never a formal contract between the parties. Plaintiff denies an
inference that she never paid Defendant money for work to be done on the carport. any
As a matter
of further response, Plaintiff, at her deposition, stated that she paid Defendan
t $8,000.00 as a
downpayment for work to be done on the carport.
4. Denied. It is denied that Plaintiff admitted she signed a Verification knowin
that the pleading as to the carport was false. Her transcribed testimony s g
peaks for itself.
5• After reasonable investigation, Plaintiff is without information or knowledge
sufficient to answer the averments made by Counterclaim.
Defendant in Paragraph 5 of Defendant's
1
6. Admitted in part and denied in part. It is admitted only that Plaintiff fil d
e an
Amended Complaint. The rest of the averments in Paragraph 6 of Defendant's Counterclaim are
denied.
7. Admitted in part and denied in
part. It is admitted that Plaintiff's counsel
sought permission from Defendant's counsel to file an Amended Complaint. It is specifically
denied that Plaintiff's counsel represented that the allegations as to the carport were
to be
removed. By way of further response, Plaintiff's counsel represented that the allegations
regarding the carport were to be revised. 8. Denied as stated. The documents speak for themselves.
9. Paragraph 9 of Defendant's Counterclaim is a legal conclusion to which no
responsive pleading is required.
10. Paragraph 10 of Defendant's Counterclaim is a legal conclusion to which no
responsive pleading is required.
11. Denied as stated.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss
Defendant's Counterclaim. Respectfully
Date: 3 - b
By:
Andrew H. Shaw, Esquire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Plaintiff
2
VERIFICATION
I verify that the statements made in this Answer are true and correct. I understand
false statements herein are made subject to the penalties of 18 Pa. that
C.S. Section 4904, relating to
unworn falsification to authorities.
Date:
-1?6 ?z
S
SA'Ba rick
w c cI
tJs
,, 7_ (c ;
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Answer to Defendant's Counterclaim, was served this date on the
below named, by placing same in the United States mail, first-class, postage prepaid
thereon, addressed as follows:
John M. Kerr, Esquire
Law Office of John M. Kerr, Esquire
5000 Ritter Road
Suite 202
Mechanicsburg, PA
Attorney for Defendant
Date: / 4-0
Sup. Ct. I.D. No. 87371
Law Office of Andrew H. Shaw, P.C.
Carlisle, PA 17013
(717) 243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Plaintiff
C=
C m
`. - rn'
w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK, NO.: 07-6357
Plaintiff
V. CIVIL ACTION - LAW
GREG MYERS,
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of plaintiff in the action is: $ 34,800.00
The claim of defendants in the action is: Unknown
The following attorneys are interested in the case as counsel or are otherwise disqualified to sit
as arbitrators:
Andrew H. Shaw
John M. Kerr
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whome the case shall be submitted.
Date:
Respectfully Submitted,
By:
drew . Shaw, squire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Petition for Appointment of Arbitrators, was served this date on the
below named, by placing same in the United States mail, first-class, postage prepaid
thereon, addressed as follows:
John M. Kerr, Esquire
Law Office of John M. Kerr, Esquire
5000 Ritter Road
Suite 202
Mechanicsburg, PA
Attorney for Defendant
Date: 7_31--ay
Law Office of Andrew H. Shaw, P.C.
Carlisle, PA 17013
(717) 243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Plaintiff
Sup. Ct. I.D. No. 87371
-400,- C
0 4
z
9 4%
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK,
Plaintiff
V.
GREG MYERS,
Defendant
NO.: 07-6357
CIVIL ACTION - LAW
ER OF COURT
AND NOW, T i
I ' Esq., and
are appointed arbitrators ' e above captioned ac
2008, in consideration of the
_ , EAq•, and . _
as prayed
Esq.,
B t Court,
GI
Edgar B. Bayley
r
tit +.+J `?'"'"T
N U co
h E DV i(, c k
Plaintiff
J Defendant
Name
Law Firm
3& l IV?a'v K-e- F ,
Address
Qrue ?of e-
City, / zip j T p Y3
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will dischaWtheduttiles f our office
with fidelity. kA-
lure Signature r 0h h J ?i k? l
Name (/Chairman)
a?S ??Ower
Law Firm-
Address
City, P !70/I
?f r
Name
Law Firm
SIIS?,C .Ir?nd/? Jed
Address /D
/?-
City, Zip 7 dS'za
?
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
10 1?2
vri0yk Lm)c C/o0 vtd ie
_ ? ??hdaaf ?h ??S to(f
o c-h Pt 5- b &e , k-e -, fs -a c?L L . Arbitrator, dissents. (Insert name if applicable.
LA) C 1) /0? z W ?? v d -0/ 0"e
Date of Hearing: 10%l31tom'
Date of Award:x e / /G )?
(Chairman)
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 0 7- L 3 S 7
Civil Action - Law.
Oath
Notice of Entry of Award
Now, the day of 20QS_, at 'S'3 , ?O.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attomeys.
Arbitrators' compensation to be paid upon appeal: $ .3S6. ern
By:
Prothonotary
Deputy
U
of y
0
a-
r-?
Cy. c,? .mot
zn
.- ql"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRICK,
Plaintiff
V.
GREG MYERS,
Defendant
NO.: 07-6357
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against:
GREG MYERS
Pursuant to Arbitration Award entered October 28, 2008.
Damages shall be set at $19,400.00.
Date:
Andrew H. Shaw, Esquire
Attorney I.D. #87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135
Attorney for Plaintiff
Now, Q oe- _ , !-, - , 2008, JUDGMENT IS ENTERED ABOVE.
Prothonotary/Clerk, Civil ivision
By: c'.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIItLEY A. BARRIM
Plaintiff
V. '
GREG MYERS, :
Defendant
NO.: 07-6357
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Notice is hereby given that a JUDGMENT in the above-captioned matter has been entered against you.
A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed.
/S
Prothonotary/Clerk, Civil ivision
By:
Deputy
If you have any questions regarding this Notice, please contact the filing party:
Andrew H. Shaw, Esquire
Attorney I.D. #87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135
This Notice is given in accordance with Pa.R.C.P. 236.
Notice sent to:
John M. Kerr, Esquire, Attorney for Defendant, Greg Myers
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. BARRIM
Plaintiff
v.
GREG MYERS,
Defendant
NO.: 07-6357
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
Pa.R.C.P. 3101 to 3109
To the Prothonotary: Please issue a Writ of Execution in the above-captioned matter, in the amount of
$19,400.00.
1. Directed to the Sheriff of Cumberland County, Pennsylvania;
2. against, Greg Myers, located at 2521 Ritner Highway, Carlisle, Pennsylvania, 17015-9431,
Defendant;
3. and against, M&T Bank located at 1 W. High Street, Carlisle, PA 17013, Garnishee(s);
4. and index this writ
a. against Greg Myers, Defendant, and
b. against M&T Bank, Garnishee,
as a lis pendens against the real property of the Defendant in the name of the Garnishee as follows:
(specifically describe property) 2521 Rimer Highway, Carlisle, Pennsylvania, 17015-9431
All personal property of any nature located within the household or immediate vicinity of the
Defendant's address and all other personal property within the dominion and control of the Defendant
wherever it is located shall be subject to the levy.
ALSO: You are directed to attach the property of the Defendant not levied upon in the possession of
M&T Bank located at 1 W. High Street, Carlisle, PA 17013, Garnishee:
All accounts including but not limited to all savings, checking and other accounts, certificates of deposit,
notes, receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes.
Amount due
Interest from December 5, 2008
At an interest rate of 6% per year
Attorney fees
Date:
$19,400.00
To be determined
To be determined
Total $19,400.00 Plus costs/@#orney fees and interest
Andrew H. Shaw, Esquire
Attorney I.D. #87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135
Attorney for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA NO. 07-6357
COUNTY OF CUMBERLAND CIVIL ACTION - LAW
To the Sheriff of Cumberland County:
To satisfy the debt, interest, attorney fees and costs due, SHIRLEY A. BARRICK, Plaintiff
From GREG MYERS, 2521 Ritner Highway, Carlisle, Pennsylvania, 17015-9431
1. You are directed to levy upon the property of the DEFENDANT and to sell: GREG
MYERS, 2521 Ritner Highway, Carlisle, Pennsylvania, 17015-9431- All personal
properly of any nature located within the household or immediate vicinity of the
Defendant's address and all other personal property within the dominion and control
of the Defendant wherever it is located shall be subject to the levy.
2. You are also directed to attach the property of the Defendant not levied upon in the
possession of M&T Bank located at 1 W. High Street, Carlisle, PA 17013, - All accounts
including but not limited to all savings, checking and other accounts, certificates of
deposit, notes, receivables, collateral, pledges, documents of title, securities, coupons
and safe deposit boxes.
GARNISHEE(S) as follows:
And to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is
enjoined from paying any debt to or for the account of the defendant and from deliverying
any property of the defendant or otherwise disposing thereof;
3. If property of the Defendant not levied upon and subject to attachment is found in the
possession of anyone other than a named garnishee, you are directed to notify him/her that
he/she has been added as a garnishee and is enjoined as above stated.
Amount due $19,400.00
Interest from December 5, 2008 at an interest rate of 6% per year
Attorney fees To be determined
Costs $ (current)
Total: Plus additional costs, attorney fees and interest
$176.88 pd atty
$2.00 Due Co.
$.50 LL Due
Date: December 17, 2008
Curtis . Long, Pro6o&iazy
(Seal) By:
Deputy
Requesting Party:
Andrew H. Shaw, Esquire
Supreme Court ID # 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135
Attorney for Plaintiff
COUNTY OF CUMBERLAND
Re: Writ of Garnishment on Garnishee received by
Manufacturers and Traders Trust Company, Garnishee
Shirley A. Barrick Vs Greg Myers
No# 07-6357
Responses to Interrogatories
MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the Interrogatories
states:
lQuestions and Answers Pursuant to 14 Pa C.S A. Rule 32531
1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money
or were you liable to defendant(s) on any negotiable or other written instrument, or did
defendant(s) claim that you owed any money or were liable to defendant(s) for any tn?
Answer: NO Yes No open accounts/Closed Account
Denies knowledge or information sufficient to form a belief a
answer to the question. ??
2. At the time you were served or at any subsequent time, was there in your possession, custody ?,?4''?
control or in the joint possession, custody or control of yourself or one or more other persons an?yr
property of any nature owned solely or in part by the defendant(s)?
Answer: ? Yes S
X No
? Denies knowledge or information sufficient to form a belief as to the
answer to the question.
At any time you were served or at any subsequent time, did you hold legal title to any property of
any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed
any interest?
Answer: ? Yes
X No
? Denies knowledge or information sufficient to form a belief as to the
answer to the question.
4. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in
which the defendant(s) had an interest?
Answer: ? Yes
X No
? Denies knowledge or information sufficient to form a belief as to the
answer to the question.
At any time before or after you were served, did the defendant(s) transfer or deliver any property
to you or to any person or place pursuant to your direction or consent and, if so, what was the
consideration therefor?
Answer: ? Yes. The consideration was
X No
? Denies knowledge or information sufficient to form a belief as to the
answer to the question.
6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money
or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s)
against you?
Answer: ? Yes
X No
? Denies knowledge or information sufficient to form a belief as to the
answer to the question.
[Additional Questions and Answer (if any)]
If any of the following reasons are checked, the account(s) in question are not subject to attachment
because:
? Account(s) No(s).
are escrow account(s) for real estate taxes and insurance.
? [Field 12] has a right of set off against the account(s) which it hereby elects to assert.
? Other: [Consult with Counsel's Office and type in reason]
MANUFACTURERS AND TRADERS
TRUST COMPANY
Dated: JAN O 6 200
By: -YfAA- A Yh .c
Name: Lorne Maska
Title: Legal Document Analyst
M&T Bank - Legal Document Processing
PO Box 844
Buffalo New York 14240
Phone(716)635-7721
Fax (716)635-7725
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Q??tip of ?Cunt?iPrt?
R. THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
02/06/09
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Sergeant
Shirley A. Ba 'ck
vs
Greg Myers
Writ No. 206357 Civil ,etrn
Property Claim Determin*6n
Dear Sir,
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Reference is made to Property Claim dated January 28, 200 , entered by
Stephanie A. Reeder, Writ of Execution No. 2007-6357 Civil Te , Shirley A. Barrick
-vs- Greg Myers.
R. Thomas Kline, Sheriff, has determined that the claimant,) Stephanie A. Reeder,
in the above mentioned property claim, is the owner of the property set forth therein.
So Answers:
Thomas R. k
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Andrew Shaw, Atty for Pltff
Greg Myers, Deft.
Stephanie A. Reeder, Claimant
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, Sheriff
PRO
PERTY CLAIM _ ff
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. A I ro ?(51
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TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
The property listed below and levied upon in this case is not the property of
undersigned. A list of the claimed property and the values the eof ar(
A" 1-
LIST OF PROPERTY
defendant, but is the pr erty of_
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C O F 26'.0
LAO 20.0 0
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C OB D TL TQ THE PR E
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State. o e ylv
Co ty f Cumberland
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above st a property claim are co ct and true.
Sworn and subscribed to before me
being duly sworn accordin
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to law, deposes and says that the
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CLAUDIA A. BREWBAKER,°NOTARY PUBLIC
Carlisle Boro. Cumberland county
My Commission Expires April d 9009
.; V V l Claimant
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R. Thomas Kline, Sheriff, who being co ff Fp ding; to, law, states
this writ is returned STAYED, , , Y, ?r?
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL
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1009 DEC } q A-6vT ?osts: 150.00
Sheriff's osts: 121.73
18.00 28.27
2.39
.50
2.00 Refunded to Atty on 02/18/09
9.00
40.00
40.00
9. 0t)
.84
$ 121.3 ? xJ? s?? ?So Answers;
R. Thomas Kline, S eriff
By Claudia A. Brewbaker
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