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HomeMy WebLinkAbout07-7760KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. ATTY I.D. NO.: 91814 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 NO. p'T - '7n(o0 C;? 1 Term. CIVIL ACTION - LAW V. JOHN B. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. ATTY I.D. NO.: 91814 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive : McLean, VA 22101 NO. V. CIVIL ACTION - LAW JOHN B. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 ADVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VEINTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. HACE FALTA ASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN ABOGADO Y ENTREGAR A LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN CONTRA SUYA SIN PREVIO AVISO O NOTIFICACION. ADEMAS, LA CORTE PUEDE DECIDIR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPIA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES U OSTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEFONO: 1-800-990-9108 717-249-3166 KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. ATTY I.D. NO.: 91814 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 NO. 07- 7746 V. CIVIL ACTION - LAW JOHN B. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 COMPLAINT Plaintiffs, Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust (collectively "Plaintiffs") bring this action against John B. Rivera ("Defendant") to obtain relief from Defendant's failure and refusal to pay to Plaintiffs, as promised, the principal amount of $42,500.00 with interest, representing monies loaned to Defendant by Plaintiffs. 1. PARTIES, JURISDICTION AND VENUE 1. Plaintiffs are individuals who reside at 658 Live Oak Drive, McLean, VA 22101. 2. Defendant resides at 2032 Harvest Drive, Mechanicsburg, PA 17055. 3. This Honorable Court has jurisdiction over this matter pursuant to 42 Pa. C.S. § 931. 4. Venue is proper in this Honorable Court under Pa. R.C.P. 2179 as the events giving rise to this claim took place in Mechanicsburg, Cumberland County, Pennsylvania. II. FACTUAL BACKGROUND 5. Defendant, on or about January 9, 2003, asked Plaintiffs for a loan so that Defendant could pay accumulated debts, including credit card bills, car loan payments and school tuition totaling $42,482.32. See Exhibit "A," attached hereto. 6. On or about January 2, 2003, Plaintiffs agreed to loan Defendant monies to be used to pay the accumulated debts listed on Exhibit A and Defendant agreed to repay the loan with interest at a rate of 5% per year. 7. Defendant requested, and Plaintiffs agreed, that the loan repayment would commence effective January 11, 2004. 8 Plaintiffs, by letter dated January 14, 2003, instructed Goldman, Sachs and Co. to wire $42,500 to Defendant's account. See Exhibit "B" attached hereto. 9. On or about October 20, 2003, Plaintiffs forwarded to Defendant a schedule of loan payments to commence on January 1, 2004. See Exhibit "C" attached hereto. 10. Defendant has failed, and continues to fail, to make the monthly payments to Plaintiffs promised, and remains in default of his obligations under the contract entered into by the parties. 11. Plaintiffs have repeatedly sought to obtain the monies owed to them by Defendant, but Defendant has refused and continues to refuse to pay. COUNT ONE Breach of Contract 12. Plaintiffs incorporate by reference paragraphs 1-11 of this Complaint as if fully set forth herein. 13. Defendant promised Plaintiffs that he would repay the loan received from them, in full and with interest calculated at the rate of five percent per year, in 180 equal consecutive 2 monthly installments of principal and interest of $351.17, commencing on January 1, 2004, and ending on December 1, 2018, with the right to make prepayments at any time. 14. Defendant has wrongfully refused to make any payments to Plaintiffs as he promised them. 15. The parties entered into a contract by which Plaintiffs promised to loan $42,500.00 to Defendant and Defendant agreed to repay the loan as set forth previously. 16. Plaintiffs did in fact perform under this contract as promised, yet Defendant has remained in breach. WHEREFORE, Defendant having intentionally and unlawfully breached his contract with Plaintiffs, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the entire amount of the loan proceeds, plus interest that has accrued and continues to accrue from January 1, 2004. COUNT TWO Unjust Enrichment 17. Plaintiffs incorporate by reference paragraphs 1-16 of this Complaint as if fully set forth herein. 18. Defendant does not dispute that he requested and benefited from a loan he obtained from Plaintiffs and that he agreed to repay the loan, with interest calculated at the rate of five percent per year, in 180 equal consecutive monthly installments of principal and interest of $351.17, commencing on January 1, 2004. 19. Defendant has failed to make any payments to Plaintiffs as he promised. 20. Defendant benefited from the loan and his retention of the loan proceeds in contravention of his agreement to repay the loan results in Defendant's unjust enrichment. 3 21. As a result of the loan provided to Defendant by Plaintiffs, Defendant obtained the benefit of the promise and agreement of Plaintiffs to provide the loan. 22. Consequently, Defendant was able to, and did, pay his debts and obligations. 23. Despite receiving the benefit of the loan provided by Plaintiffs, Defendant failed to repay Plaintiffs as promised and thus, Defendant has been unjustly enriched to the detriment of Plaintiffs. 24. The promise by Plaintiffs and the loan they provided conferred a benefit upon Defendant with the appreciation and knowledge of Defendant. Defendant accepted, received and profited from the benefit of this promise and the loan under such circumstances that it would be inequitable to allow Defendant to retain the benefit without payment of its value to Plaintiffs. WHEREFORE, because Plaintiffs conferred a benefit on Defendant from which Defendant benefitted and because Defendant would be unjustly enriched by retention of the loan proceeds, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the value of the loan with accumulated interest. COUNT THREE Misrepresentation/Fraud 25. Plaintiffs incorporate by reference paragraphs 1- 24 of this Complaint as if fully set forth herein. 26. Defendant promised Plaintiffs that he would repay the loan obtained from Plaintiffs, with interest, according to the payment schedule set forth in Exhibit A. 27. Defendant misled Plaintiffs into believing that he would repay the loan according to the payment schedule set forth in Exhibit A so as to obtain the loan from Plaintiffs. 28. Plaintiffs made the loan to Defendant in reliance upon Defendant's promise to dutifully repay the loan to Plaintiffs. 4 29. Plaintiffs to date have suffered damages of over $53,760 due to Defendant's misrepresentations and fraudulent actions. WHEREFORE, because Defendant induced Plaintiffs to make a loan to Plaintiffs and misled and misrepresented to Plaintiffs his agreement to repay the loan according to a mutually agreeable schedule of repayment, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to immediately repay the loan proceeds, with accumulated interest, to Plaintiffs. COUNT IV Promissory Estoppel 30. Plaintiffs incorporate by reference paragraphs 1-29 of this Complaint as if fully set forth herein. 31. Defendant represented both orally and in writing to Plaintiffs that if Plaintiffs performed as promised, Defendant would reimburse Plaintiffs. 32. Plaintiffs reasonably relied upon this promise to their determent. 33. Defendant knew, or should have known, that in reliance upon the repeated oral representations and promises by Defendant that he would reimburse Plaintiffs, Plaintiffs would rely to their determent and forgo other business ventures. 34. Defendant failed to perform as promised and Plaintiffs have suffered a detriment of a definite and substantial nature due to their reliance upon the promise by Defendant. 35. Plaintiffs' reliance was at all times reasonable and based upon the repeated promises made by Defendant. WHEREFORE, because Plaintiffs relied reasonably to their detriment upon Defendant's promise to repay them from which Defendant benefitted, judgment should be entered in favor of 5 Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the value of the loan with accumulated interest. Date: December 27, 2007 By: 6 Respec itt John A. Kane, Esquire Attorney I.D. No. 24759 Edward J. Murphy, Jr., Esquire Attorney I.D. No. 91814 Kelley and Murphy, LLP 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 724-4600 (717) 724-4690 facsimile Counsel for Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust We, EDGAR G. RIOS AND LILLIAN RIOS. hereby vesifY that the SIM contained in the f+weeWh:s COMPLAIN? ere true and correct to the beat of our knowledge, infomnation and bd mL We undwAmd that sWmnents atade her= ace made subjed to thi aides of 18 Pa C.S., Swdon 4904 relating to uaswom falsifigwon to authorities. 0. RIOS LILLIAXRIO?? DATE:A~ 1- TL A 09/26/07 17:00 FAX 703 506 3545 ANERICHOICE-EXW. -- IM003 Page 1 of 1 Edgar Rios - Hello From: <3riverapa@?aol.com> To: <erios@americholceAmm> Data: 1/9/200310:30 AM Subject: Hello Edgar, As Per your request i have attached a a W of the sal sheet 1 created. If you have any other questions, Pkm feel free to call me at home. Looking forward W seeing you all this weekwW. Butchie file.//C:1Docu nawaOmw,2QSetemps Admini uocall°/b20S sxT=wxGw}000... M W2003 17:01 PAX 703 508 3545 Card Name Bank of America Harris Saving Bank Target Kohis Sears Discover American Express JC Penney Fashion IAQ Qcard Cars 2000 Grand Am GT 2002 HuMft Elarrha ANERIC110 Totes Amt Due $ 5.11278 $ 6,126.76 $ 96.90 $ 317.25 $1,389.60 $ 359.59 $ 26921 $ 848.90 $ 610.00 $ 312.89 $12,65248 $12,635.96 Cards Total And $15,443.88 Cam total Amt $ 25,288.44 School St. Theresas School $1,750.00 Schad Amt Due $1,750.00 Grand Total Due $ 42,482.32 11004 8 Edgar G. Rios, GP AGR Famlly LP 658 Live Oak Drive McLean, VA 22101 January 14, 2003 Goldman, Sachs & Co. 1735 Market Street 2e Floor Philadelphia, PA 19103 To Whom It May Concern: This letter is your authorbmtlon to Are $42,500 from my AGR Family LP ecvount IK tD the following: Juan D. Rivera 8 Milagros Rivera Waypoht Bank Ethers, PA Acoount ABA Sincerely, VI Rios 'Partner Family LP c 1 Loan to John B. and Milagros Rivera 10/20/2003 Page 1 Compound Period .... .....: Monthly Nominal Annual Rate ....: 5.000 % Effective Annual Rate ...: 5.116 % Periodic Rate ............. • 0.4167 % Daily Rate ........................: 0.01370% CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 01/15/2003 42,500.00 1 -? 2 Payment 01/01/2004 351.17 180 Mon thly 12/01!2018 AMORTIZATION SCHEDULE - Normal Amortization --- Date Payment Interest Principal Balance Loan 01/1512003 2003 Totals 0.00 0 00 42,500.00 . 0.00 1 01/01/2004 2 02101/2004 351.17 351 17 2,092.61 1,741.44- 44,241.44 3 03/01/2004 . 351.17 184.34 183 64 166.83 44,074.61 4 04/01/2004 351.17 . 182 95 167.53 43,907.08 5 05/01/2004 351.17 . 182 25 168.22 43, 738.86 6 06/01/2004 351.17 . 181 54 168.92 43,569.94 7 07/01/2004 351.17 . 180 83 169.63 43,400.31 8 08/01/2004 351.17 . 180 12 170.34 43,229.97 9 09/01/2004 351.17 . 179 41 171.05 43,058.92 10 10/01/2004 351.17 . 178 70 171.7fi 42,887.16 1 1 11/01/2004 351.17 . 177 98 172.47 42, 714.69 12 12/01/2004 351.17 . 177 26 173.19 42,541.50 2004 Totals 4,214.04 . 4,081.63 173.91 132.41 42,367.59 13 01 /01 /2005 14 02/01/2005 351.17 351 17 176.53 174.64 42,192.95 15 03/01/2005 . 351.17 175.80 175 07 175.37 42,017.58 16 04/01!2005 351.17 . 174 34 176.14 41,841.48 17 05/01/2005 351.17 . 173 60 176.83 41,664.65 18 06/01/2005 351.17 . 172 86 177.57 41,487.08 19 07/01 /2005 351.17 . 172 12 178.31 41, 308.77 20 08/01/2005 351.17 . 171 37 179.05 41,129.72 21 09/0112005 351.17 . 170 62 179.80 40,949.92 22 10/01/2005 351.17 . 169 87 180.55 40,769.37 23 11/01/2005 351.17 . 169 12 181.30 40,588.07 24 12101/2005 351.17 . 168 36 182.05 40,406.02 2005 Totals 4,214.04 . 2,069.66 182.81 2,144.38 40,223.21 25 01 /01 /2006 351.17 167.60 183.57 40,039.64 f Loan to John B. and Milagros Rivera 10/20/2003 Page 2 Date Payment Interest Principal Balance 26 02/01/2006 27 03/01/2006 351.17 351 17 166.83 184.34 39,855.30 28 04/01/2006 . 351.17 166'06 165 29 185.11 39, 670.19 29 05/01/2006 351.17 . 164 52 185.88 39,484.31 30 06/01/2006 351.17 . 163 74 186.65 39,297.66 31 07/0112006 351.17 . 162 96 187.43 39,110.23 32 08/01/2006 351.17 . 162 18 188.21 38,922.02 33 09/01/2006 351.17 . 161 39 188.99 38,733.03 34 10/0112006 351.17 . 160 60 189.78 38,543.25 35 11/01/2006 351.17 . 159 80 190.57 38,352.68 36 12101/2006 351.17 . 159 01 191.37 38,161.31 2006 Totals 4,214.04 . 1,959.98 192.16 2,254.06 37,969.15 37 01/01/2007 38 02/01/2007 351.17 351 17 158.20 192.97 37,776.18 39 03/01/2007 . 351.17 157.40 156 59 193.77 37,582.41 40 04/01/2007 351.17 . 155 78 194.58 37,387.83 41 05/01/2007 351.17 . 154 97 195'39 37,192.44 42 06/01/2007 351.17 . 154 15 196.20 36, 996.24 43 07/01/2007 351.17 . 153 33 197.02 36,799.22 44 08/01/2007 351.17 . 152 51 197.84 36,601.38 45 09/01/2007 351.17 . 151 68 198.66 36,402.72 46 10/01!2007 351.17 . 150 85 199.49 36,203.23 47 11!01/2007 351.17 . 150 01 200'32 36,002.91 48 12/01/2007 351.17 . 149 17 201.16 35,801.75 2007 Totals 4,214.04 . 1,844.64 202.00 2,369.40 35,599.75 49 01/01/2008 50 02101/2008 351.17 351 17 148.33 202.84 35,396.91 51 03/01/2008 . 351.17 147'49 146 64 203.68 35,193.23 52 04/01/2008 351.17 . 145 79 204.53 34,988.70 53 05/01/2008 351.17 . 144 93 205.38 34, 783.32 54 06/01/2008 351.17 . 144 07 206.24 34,577.08 55 07/01/2008 351.17 . 143 21 207.10 34,369.98 56 08/01/2008 351.17 . 142 34 207.96 34,162.02 57 09/01/2008 351.17 . 141 47 208.83 33,953.19 58 10/01/2008 351.17 . 140 60 209.70 33, 743.49 59 11/01/2008 351.17 . 139 72 210.57 33,532.92 60 12101/2008 351.17 . 138 84 211.45 33,321.47 2008 Totals 4,214.04 . 1,723.43 212.33 2,490.61 33,109.14 61 01 /01 /2009 62 02/01/2009 351.17 351 17 137.95 213.22 32, 895.92 63 03/01/2009 . 351.17 137.07 136 17 214.10 32,681.82 64 04/01/2009 351.17 . 135 28 215.00 32,466.82 65 05/01/2009 351.17 . 134 38 215.89 32,250.93 66 06/01/2009 351.17 . 133 48 216.79 32,034.14 67 07/01/2009 351.17 . 132 57 217.69 31,816.45 . 218.60 31,597.85 ~`# ' Loan to John B. and Milagros Rivera t 10/20/2003 Page 3 Date Payment Interest Principal Balance 68 08/01/2009 69 09/01/2009 351.17 351 17 131.66 219.51 31,378.34 70 10/01/2009 . 351.17 130.74 129 82 220.43 31,157.91 71 11101/2009 351.17 . 128 90 221.35 30, 936.56 72 12/01/2009 351.17 . 127 98 222.27 30, 714.29 2009 Totals 4,214.04 . 1,596.00 223.19 2,618.04 30,491.10 73 01101/2010 74 02/01/2010 351.17 351 17 127.05 224.12 30,266.98 75 03/01/2010 . 351.17 126.11 125 17 225.06 30,041.92 76 04/01/2010 351.17 . 124 23 226.00 29,815.92 77 05/01/2010 351.17 . 123 29 226.94 29,588.98 78 06101/2010 351.17 . 122 34 227.88 29,361.10 79 07/01/2010 351.17 . 121 38 228.83 29,132.27 80 08/01/2010 351.17 . 120 43 229.79 28,902.48 81 09101/2010 351.17 . 119 47 230.74 28,671.74 82 10/01/2010 351.17 . 118 50 231.70 28,440.04 83 11/01/2010 351.17 . 117 53 232.67 28,207.37 84 12/01/2010 351.17 . 116 56 233.64 27, 973.73 2010 Totals 4,214.04 . 1,462.06 234'61 2,751.98 27,739.12 85 01/01/2011 86 02101/2011 351.17 351 17 115.58 235.59 27,503.53 87 03/01/2011 . 351.17 114.60 113 61 236.57 27,266.96 88 04/01/2011 351.17 . 112 62 237.56 27,029.40 89 05/0112011 351.17 . 111 63 238.55 26,790.85 90 06/01/2011 351.17 . 110 63 239.54 26,551.31 91 07/01/2011 351.17 . 109 63 240.54 26,310.77 92 08/01/2011 351.17 . 108 62 241.54 26,069.23 93 09/01/2011 351.17 . 107 61 242.55 25,826.68 94 10/01/2011 351.17 . 106 60 243.56 25,583.12 95 11/01/2011 351.17 . 105 58 244.57 25, 338.55 96 12/01/2011 351.17 . 104 55 245.59 25, 092.96 2011 Totals 4,214.04 . 1,321.26 246.62 2,892.78 24,846.34 97 01/01/2012 98 02/01/2012 351.17 351 17 103.53 247.64 24, 598.70 99 03/01/2012 . 351.17 102.49 101 46 248.68 24, 350.02 100 04/01/2012 351.17 . 100 42 249.71 24,100.31 101 05101/2012 351.17 . 99 37 250.75 23,849.56 102 06/01/2012 351.17 . 98 32 251'80 23,597.76 103 07/01/2012 351.17 . 97 27 252.85 23,344.91 104 08/01/2012 351.17 . 96 21 253.90 23, 091.01 105 09/01/2012 351.17 . 95 15 254.96 22,836.05 106 10101/2012 351.17 . 94 08 256.02 22,580.03 107 11/01/2012 351.17 • 93 01 257.09 22,322.94 108 12/01/2012 351.17 . 91 94 258.16 22,064.78 2012 Totals 4,214.04 . 1,173.25 259.23 3,040.79 21,805.55 _Loan to John B. and Milagros Rivera 10/20/2003 Page 4 Date Payment -- ----- Interest ---------- Principal Balance 109 01/01/2013 110 02/01 /2013 351.17 351 17 90.86 260.31 -------- 21,545.24 111 03/01/2013 . 351.17 89.77 88 68 261.40 21, 283.84 112 04/01/2013 351.17 . 87 59 262.49 21,021.35 113 05/01/2013 351.17 . 86 49 263.58 20,757.77 114 06/01/2013 351.17 . 85 39 264.68 20,493.09 115 07/0112013 351.17 . 84 28 265.78 20,227.31 116 08101/2013 351.17 . 83 17 266.89 19, 960.42 117 09/01/2013 351.17 . 82 05 268.00 19,692.42 118 10/01/2013 351.17 . 80 93 269.12 19,423.30 119 11/01/2013 351.17 . 79 80 270.24 19,153.06 120 12/01/2013 351.17 . 78 67 271.37 18,881.69 2013 Totals 4,214.04 . 1,017.68 272.50 3,196.36 18, 609.19 121 01/01/2014 122'02/01/2014 351.17 351 17 77.54 273.63 18,335.56 123 03/01/2014 . 351.17 76.40 75 25 274.77 18,060.79 124 04/01/2014 351.17 . 74 10 275.92 17, 784.87 125 05/01/2014 351.17 . 72 95 277.07 17,507.80 126 06/01/2014 351.17 . 71 79 278.22 17,229.58 127 07/01/2014 351.17 . 70 63 279.38 16,950.20 128 08/01/2014 351.17 . 69 46 280.54 16,669.66 129 09/01/2014 351.17 . 68 28 281.71 16,387.95 130 10/01/2014 351.17 . 6 7 10 282.89 16,105.06 131 11/01/2014 351.17 , . 65 92 284.07 15, 820.99 132 12/01/2014 351.17 . 64 73 285.25 15,535.74 2014 Totals 4,214.04 . 854 15 286.44 15,249.30 . 3,359.89 133 01/01/2015 134 02/01/2015 351.17 351 17 63.54 287.63 14, 961.67 135 03/01/2015 . 351.17 62.34 61 14 2?•? 14,672.84 136 04/01/2015 351.17 . 59 93 290.03 14,382.81 137 05/01/2015 351.17 . 58 71 291.24 14,091.57 138 06/01/2015 351.17 . 57 50 292.46 13,799.11 139 07101/2015 351.17 . 56 27 293.67 13,505.44 140 08101/2Q15 351.17 ' 55 04 294•90 13,210.54 141 09/01/2015 351.17 . 53 81 296.13 12, 914.41 142 10/01/2015 351.17 . 57 52 297.36 12, 617.05 143 11/01/2015 351.17 : 51 33 298.60 12, 318.45 144 12/01/2015 351.17 . 50 08 299.84 12, 018.61 2015 Totals 4,21404 . 682.26 301.09 3,531.78 11,717.52 145 01/01/2016 146 02/01/2016 351.17 351 17 48.82 302.35 11,415.17 147 03/01/2016 . 351.17 47.56 46 30 303.61 11,111.56 148 04/01/2016 351.17 . 45 03 304.87 10,806.fi9 149 05/01/2016 351.17 ' 43 75 306.14 10,500.55 150 06/01/2016 351.17 . 42 47 307.42 10,193.13 . 308.70 9,884.43 Loan to John B. and Milagros Rivera 10/20/2003 Page 5 Date Payment Interest Principal Balance 151 07/01/2016 152 08/01/2016 351.17 351 17 41.19 309.98 9,574.45 153 09/01/2016 . 351.17 39.89 38 60 311.28 9,263.17 154 10/01/2016 351.17 . 37.29 312.57 313 88 8,950.60 155 11/01/2016 156 12/01/2016 351.17 35.99 . 315.18 8,636.72 8,321.54 2016 Totals 351.17 4,214.04 34.67 501 56 316.50 8,005.04 . 3,712.48 157 01/01/2017 158 02/01/2017 351.17 351 17 33.35 317.82 7,687.22 159 03/01/2017 . 351.17 32.03 30 70 319.14 7,368.08 160 04/01/2017 351.17 . 29.37 320.47 321 80 7,047.61 161 05/01/2017 162 06/01/2017 351.17 28.02 . 323.15 6,725.81 6,402.66 163 07/01/2017 351.17 351.17 26.68 25 33 324.49 6,078.17 164 08/01/2017 351.17 . 23.97 325.84 327 20 5,752.33 165 09/01/2017 166 10/01/2017 351.17 22.60 . 328.57 5,425.13 5,096.56 167 11101/2017 351.17 351.17 21.24 19 86 329.93 4, 766.63 168 12/01/2017 351.17 . 18.48 331.31 332 69 4,435.32 201 7 Totals 4,214.04 311.63 . 3,902.41 4,102.63 169 01/01/2018 170 02101/2018 351.17 351 17 17.09 334.08 3,768.55 171 03/01/2018 . 351.17 15.70 14 30 335.47 3,433.08 172 04/0112018 351.17 . 12.90 336.87 338 27 3,096.21 173 05/01/2018 174 06/01/2018 351.17 11.49 . 339.68 2,757.94 2,418.26 175 07/01/2018 351.17 351.17 10.08 8 65 341.09 2,077.17 176 08/01/2018 351.17 . 7.23 342.52 343 94 1,734.65 177 09/01/2018 351.17 5.79 . 345 38 1,390.71 178 10/01/2018 351,17 4'36 . 546 81 1,045.33 179 11/01/2018 180 12/01/2018 351.17 2.91 . 348.26 698.52 350.26 2018 Totals 351.17 4,214.04 0.91 111 41 350.26 0.00 . 4,102.63 Grand Totals 63,210.60 20,710.60 42,500.00 -rt ?A- -P- 00 t ? (? vl IC J . p 000 , ' y ? no b SHERIFF'S RETURN - REGULAR CASE NO: 2007-07760 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RIOS EDGAR G ET AL VS RIVERA JOHN B GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RIVERA JOHN B the DEFENDANT , at 1940:00 HOURS, on the 8th day of January , 2008 at 2032 HARVEST DRIVE MECHANICSBURG, PA 17055 by handing to CONNIE NAUGLE, FIANCEE, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 l/ /b?b P 9w, 00 3 9 52 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 01/10/2008 KELLEY & MURPHY By. Deputy She f A.D. C .%b PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNT: Please list the within matter for X Pre-Trial Argument Court Argument Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED 1. State matter to be argued (i.e. Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Preliminary Objections to Plaintiffs' Complaint in the nature of demurrer. 2. Identify counsel who will argue case: a. For Plaintiffs: John A. Kane, Esquire Address: 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs b. For Juan D. Rivera (not a named party but served in above captioned matter): Elizabeth J. Saylor, Esquire Address: 3800 Market Street Camp Hill, PA 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 27, 2008 s Attorney fo4 Juan D. Rivera Dated: January 29, 2008 DEMURRER COUNT I - BREACH OF CONTRACT COUNT II -- UNJUST ENRICHMENT COUNT III - MISREPRESENTATION/FRAUD COUNT IV - PROMISSORY ESTOPPEL 3. Paragraphs 1-2 are incorporated herein by reference as if fully set forth at length. 4. Count I of Plaintiffs' Complaint attempts to set forth a cause of action against Defendant John B. Rivera for Breach of Contract. 5. Count II of Plaintiffs' Complaint attempts to set forth a cause of action against Defendant John B. Rivera for Unjust Enrichment. 6. Count III of Plaintiffs' Complaint attempts to set forth a cause of action against Defendant John B. Rivera for Misrepresentation/Fraud. 7. Count IV of Plaintiffs' Complaint attempts to set forth a cause of action against Defendant John B. Rivera for Promissory Estoppel. 8. Counts I thru IV of Plaintiffs' Complaint are based on the following averments: a. Defendant promised to begin making loan payments on January 1, 2004; and b. Defendant failed to make any payments as promised. 9. Juan D. Rivera is not the Defendant named in this action and thus is not a party to the above captioned proceeding. 10. Plaintiffs' Complaint is legally insufficient. 11. The Statute of Limitations precludes the addition of a new Defendant. Wherefore, Juan D. Rivera respectfully requests that this Honorable Court SUSTAIN the Preliminary Objection in the nature of Demurrer and DISMISS COUNT I, II, III, and IV of Plaintiffs' Complaint with prejudice. Respectfully submitted, THE LAW OFFICES OF PETER J. RUSSO, P.C. _'?/- o S Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 20013 Attorneys for Juan D. Rivera 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 r. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Preliminary Objections of Juan D. Rivera to Plaintiffs' Complaint upon the person(s) and in the manner indicated below: US Mail addressed as follows: John A. Kane, Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs Amber L. Southard Date: / -a9 08 r-> t ? ::. _ ? 1 r_ i .-j ,;1;__ -? ? ? ?,. t,:3 l.. ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, CIVIL ACTION Plaintiff NO. 07-7760 V. John B. Rivera, Defendant TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Elizabeth J. Saylor, hereby certify that I am on this day serving a copy of the Praecipe for Listing Case for Argument upon the person(s) and in the manner indicated below: US Mail addressed as follows: John A. Kane, Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs Eliz eth J. aylor Date: January 29. 2008 ? ra:, 3 C_.,,? ?? ?? 1 ??? ?..:I. { .r KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. ATTY I.D. NO.: 91814 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 Plaintiffs, NO. 07-7760 CIVIL ACTION - LAW V. JOHN B. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant MOTION TO AMEND CAPTION Plaintiffs Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust ("Plaintiffs"), hereby submit this Motion to Amend Caption and aver as follows: 1. On December, 28, 2007, Plaintiffs initiated this action by way of Complaint. 2. Plaintiffs identified the name of the party they intended to sue as John B. Rivera, residing at 2032 Harvest Drive, Mechanicsburg, PA, 17055. 3. On January 29, 2008, "Juan D. Rivera, who resides at 2032 Harvest Drive, Mechanicsburg, PA, 17055, filed preliminary objections to the complaint averring that Plaintiffs sued the wrong party. 4. At all times, Mr. Rivera went interchangeably by the name John and/or Juan. 5. Plaintiffs clearly intended to file this action against Juan Rivera who resides at 2032 Harvest Drive, Mechanicsburg, PA, 17055, but used the name John, which in Spanish translates to Juan. 6. Mr. Rivera at all times has been the intended Defendant. 7. Plaintiffs therefore request that the Court enter an Order amending the caption of this matter to reflect the name of Defendant, Juan D. Rivera who is also known as (a/k/a) John Rivera. 8. The effect of the amendment would be merely to correct the name under which the right party is sued and should be allowed. Wright v. Eureka Tempered Conner Co., 206 Pa. 274, 55 A. 978 (Pa. 1903); Lafferty v. Alan Wexler Agency, Inc., 393 Pa. Super. 400, 404 (Pa. Super. Ct. 1990); Paulish v. Bakaitis, 442 Pa. 434, 275 A.2d 318 (Pa. 1971) (permitting amendment "[s]ince from the record it is clear that the same Bertocci business enterprise was involved throughout, there is here no substitution of parties, but the correction of the designation under which the right party was originally sued."); Powell v. Sutliff, 410 Pa. 436, 189 A.2d 864 (Pa. 1963) (permitting amendment because "[T]he proposed amendment merely seeks to correct the designation of that business entity, in this case from a partnership to a corporation. Since the assets subject to liability will not be enlarged, the court below erred in not permitting the amendment"); Waugh v. Steelton Taxicab Co., 371 Pa. 436, 89 A.2d 527 (Pa. 1952) (proposed amendment changing defendant from Steelton Taxicab Company, a corporation, to Anthony Kosir, t/a Steelton Taxicab Company permitted after statute of limitations had run); Griffiths v. Knoedler Mfg., 2004 Pa. Dist. & Cnty. Dec. LEXIS 274 (Pa. C.P. 2004) (holding no logical reason to grant summary judgment in favor of defendant due to a slight mistake in the name of 2 defendant. The mistake of plaintiffs was insignificant and should not be the sole reason to prevent a suit from going forward.) 9. Plaintiffs sued the proper party, but inadvertently designated his name as John B. Rivera as opposed to Juan D. Rivera. 10. As Defendant admits, Plaintiffs effected service of the Complaint upon him and he cannot and should not be permitted to escape accountability merely because Plaintiffs used the name "John", the English version of "Juan" and mis-identified his middle initial. 11. Plaintiffs have filed an Amended Complaint as a matter of right pursuant to Pa. R. Civ. P. 1028(c)(1) correcting this inadvertent error. WHEREFORE, Plaintiffs request that this Honorable Court enter an Order amending the caption of this case to reflect the name of the Defendant, Juan D. Rivera. Respectfully submitted, Date: February 14, 2008 By John A. Kane, Esquire Attorney I.D. No. 24759 Edward J. Murphy, Jr., Esquire Attorney I.D. No. 91814 Kelley and Murphy, LLP 240 North Third Street, 8"' Floor Harrisburg, PA 17101 (717) 724-4600 (717) 724-4690 facsimile Counsel for Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust 3 CERTIFICATE OF SERVICE I, EDWARD J. MURPHY, ESQUIRE, hereby certify that on February 14, 2008, the foregoing MOTION TO AMEND CAPTION was served by First Class Mail, postage prepaid, properly addressed as follows: Elizabeth J. Saylor, Esquire Peter J. Russo, P.C. The Chelsea Building 3800 Market Stre Camp 170 BY: EDW J. , ATTY. IA). N 814 KELLEY MURPHY, LLP 8d' FLO 240 NORTH THIRD STREET HARRISBURG, PA 17101 (717) 724-4600 p ('" Sri f.?? "t'? ? ?+ S n t`_"A ?_? .- . +? ? t;7 "? °-?C KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. ATTY I.D. NO.: 91814 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 NO. 07-7760 CIVIL ACTION - LAW Plaintiffs, V. JOHN B. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant FIRST AMENDED COMPLAINT Pursuant to Pa. R. Civ. P. 1028(c)(1), Plaintiffs Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust ("Plaintiffs"), hereby file this Amended Complaint to substitute the name Juan, which is the Spanish version of the name John, and to correct Defendant's middle initial. Plaintiffs amend their Complaint to reflect that they are bringing this action against "Juan D." Rivera ("Defendant"), who at all times resided at 2032 Harvest Drive, Mechanicsburg, PA 17055, who is also known as (a/k/a) "John" Rivera, to obtain relief from Defendant's failure and refusal to pay to Plaintiffs, as promised, the principal amount of $42,500.00 with interest, representing monies loaned to Defendant by Plaintiffs. Plaintiffs manifested their intent to bring him into Court and Mr. Rivera apparently uses both names, Juan and John, interchangeably. s 1. PARTIES, JURISDICTION AND VENUE 1. Plaintiffs are individuals who reside at 658 Live Oak Drive, McLean, VA 22101. 2. Defendant resides at 2032 Harvest Drive, Mechanicsburg, PA 17055. Plaintiffs intended to sue Juan D. Rivera, who is also known as (a/k/a) John Rivera. 3. This Honorable Court has jurisdiction over this matter pursuant to 42 Pa. C.S. § 931. 4. Venue is proper in this Honorable Court under Pa. R.C.P. 2179 as the events giving rise to this claim took place in Mechanicsburg, Cumberland County, Pennsylvania. H. FACTUAL BACKGROUND 5. Defendant, on or about January 9, 2003, asked Plaintiffs for a loan so that Defendant could pay accumulated debts, including credit card bills, car loan payments and school tuition totaling $42,482.32. See Exhibit "A," attached hereto. 6. On or about January 2, 2003, Plaintiffs agreed to loan Defendant monies to be used to pay the accumulated debts listed on Exhibit A and Defendant agreed to repay the loan with interest at a rate of 5% per year. 7. Defendant requested, and Plaintiffs agreed, that the loan repayment would commence effective January 11, 2004. 8 Plaintiffs, by letter dated January 14, 2003, instructed Goldman, Sachs and Co. to wire $42,500 to Defendant's account. See Exhibit "B" attached hereto. 9. On or about October 20, 2003, Plaintiffs forwarded to Defendant a schedule of loan payments to commence on January 1, 2004. See Exhibit "C" attached hereto. 2 • 10. Defendant has failed, and continues to fail, to make the monthly payments to Plaintiffs promised, and remains in default of his obligations under the contract entered into by the parties. 11. Plaintiffs have repeatedly sought to obtain the monies owed to them by Defendant, but Defendant has refused and continues to refuse to pay. COUNT ONE Breach of Contract 12. Plaintiffs incorporate by reference paragraphs 1-11 of this Complaint as if fully set forth herein. 13. Defendant promised Plaintiffs that he would repay the loan received from them, in full and with interest calculated at the rate of five percent per year, in 180 equal consecutive monthly installments of principal and interest of $351.17, commencing on January 1, 2004, and ending on December 1, 2018, with the right to make prepayments at any time. 14. Defendant has wrongfully refused to make any payments to Plaintiffs as he promised them. 15. The parties entered into a contract by which Plaintiffs promised to loan $42,500.00 to Defendant and Defendant agreed to repay the loan as set forth previously. 16. Plaintiffs did in fact perform under this contract as promised, yet Defendant has remained in breach. WHEREFORE, Defendant having intentionally and unlawfully breached his contract with Plaintiffs, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the entire amount of the loan proceeds, plus interest that has accrued and continues to accrue from January 1, 2004. COUNT TWO Unjust Enrichment 17. Plaintiffs incorporate by reference paragraphs 1-16 of this Complaint as if fully set forth herein. 18. Defendant does not dispute that he requested and benefited from a loan he obtained from Plaintiffs and that he agreed to repay the loan, with interest calculated at the rate of five percent per year, in 180 equal consecutive monthly installments of principal and interest of $351.17, commencing on January 1, 2004. 19. Defendant has failed to make any payments to Plaintiffs as he promised. 20. Defendant benefited from the loan and his retention of the loan proceeds in contravention of his agreement to repay the loan results in Defendant's unjust enrichment. 21. As a result of the loan provided to Defendant by Plaintiffs, Defendant obtained the benefit of the promise and agreement of Plaintiffs to provide the loan. 22. Consequently, Defendant was able to, and did, pay his debts and obligations. 23. Despite receiving the benefit of the loan provided by Plaintiffs, Defendant failed to repay Plaintiffs as promised and thus, Defendant has been unjustly enriched to the detriment of Plaintiffs. 24. The promise by Plaintiffs and the loan they provided conferred a benefit upon Defendant with the appreciation and knowledge of Defendant. Defendant accepted, received and profited from the benefit of this promise and the loan under such circumstances that it would be inequitable to allow Defendant to retain the benefit without payment of its value to Plaintiffs. WHEREFORE, because Plaintiffs conferred a benefit on Defendant from which Defendant benefitted and because Defendant would be unjustly enriched by retention of the loan 4 proceeds, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the value of the loan with accumulated interest. COUNT THREE Misrepresentation/Fraud 25. Plaintiffs incorporate by reference paragraphs 1- 24 of this Complaint as if fully set forth herein. 26. Defendant promised Plaintiffs that he would repay the loan obtained from Plaintiffs, with interest, according to the payment schedule set forth in Exhibit A. 27. Defendant misled Plaintiffs into believing that he would repay the loan according to the payment schedule set forth in Exhibit A so as to obtain the loan from Plaintiffs. 28. Plaintiffs made the loan to Defendant in reliance upon Defendant's promise to dutifully repay the loan to Plaintiffs. 29. Plaintiffs to date have suffered damages of over $53,760 due to Defendant's misrepresentations and fraudulent actions. WBEREFORE, because Defendant induced Plaintiffs to make a loan to Plaintiffs and misled and misrepresented to Plaintiffs his agreement to repay the loan according to a mutually agreeable schedule of repayment, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to immediately repay the loan proceeds, with accumulated interest, to Plaintiffs. COUNT IV Promissory Estoppel 30. Plaintiffs incorporate by reference paragraphs 1-29 of this Complaint as if fully set forth herein. 5 % 31. Defendant represented both orally and in writing to Plaintiffs that if Plaintiffs performed as promised, Defendant would reimburse Plaintiffs. 32. Plaintiffs reasonably relied upon this promise to their determent. 33. Defendant knew, or should have known, that in reliance upon the repeated oral representations and promises by Defendant that he would reimburse Plaintiffs, Plaintiffs would rely to their determent and forgo other business ventures. 34. Defendant failed to perform as promised and Plaintiffs have suffered a detriment of a definite and substantial nature due to their reliance upon the promise by Defendant. 35. Plaintiffs' reliance was at all times reasonable and based upon the repeated promises made by Defendant. WHEREFORE, because Plaintiffs relied reasonably to their detriment upon Defendant's promise to repay them from which Defendant benefitted, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the value of the loan with accumulated interest. Respectfull sub fed, Date: February 14, 2008 B e John A. Kane, Esquire Attorney I.D. No. 24759 Edward J. Murphy, Jr., Esquire Attorney I.D. No. 91814 Kelley and Murphy, LLP 240 North Third Street, 8t` Floor Harrisburg, PA 17101 (717) 724-4600 (717) 724-4690 facsimile Counsel for Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust 6 VERIFICATION I, EDWARD J. MURPHY, JR., hereby verify that the facts contained in the foregoing FIRST AMENDED COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Pursuant to Pa. R. Civ. P. 1024(c), I am taking this verification because the parties are outside of the Court's jurisdiction and their verification cannot be obtained within the time allowed for filing this pleading. DATE: February 14, 2008 A 00/26/07 17:00 PAC 7,03 506 3545 AH[iitiC$OICB-g7[gry, 11003 i Page 1 of 1 Edgar Rios - HOW From: <IrWe:apa@aoLwm> To: <erloseamke.com> Date: 1/9/2W3 10:30 AM Subject: Hetla Edgar. As Per your request I have atfa hed a copy of the emet sheet l created. If you have any other quest Please fleet free to cad me at horne. Looiung f mwd to seeing you aB thls wed oW. Butrhle RIeWC:iDoa o20and9 OS OMflas9\Temp1GW}OOG-. 1/12!2003 q9/26/07 17:Oi TEAT 9w, &^- Gard mama Total Amt Due Bank of America $ 5.1[2.78 Harris Saving Bank $ 6,126.76 Target $ 96.90 Kohis $ 31725 Sears $1,389.60 Discover $ 359.59 Amerrm Express $ 2692i JC Penney $ 848.90 Fashion Bug $ 61000 Ocatd $ 31289 Cards Total Amt $15,443.88 Cats 2000 Grand Am GT $12,65248 2002 HWxIa Eiarrlm $12,835.96 Cats total Amt $ 25,2B8.44 School St Thereses Schooi $1,750.00 Schaal Abet Due $1,750.00 Grant! Total Due $ 42,482.32 13 0,/28/07 17:00 PAR 703 906 3545 A1tiStclLlWlcai?tS11'V. Edgar G. Rios, GP AGR Famlly LP 658 LIVO Oak Drive McLean, VA 22iOl January 14, 2003 Mquuz Goldman. Sachs & Co. ? 1735 Market Street 2Sh Floor PtMedefphla, PA 19103 To Whom It May Concern: Thk leer W your authoftWon to wire $42,500 from my AGR Famly LP aGmunt ##r . iD the follcrinring: Juan D. Rivera S Mitaanos Rivera Waypotnt Bank Eaters, PA Account ABA Sincerely, l3ios t Partner Par* LP C +.'' i 10120/2003 Page 1 Loan to John B. and Milagros Rivera. Compound Period .........: Monthly Nominal Annual Rate .... Effective Annual Rate... Periodic Rate ..................: Daily Rate ........................: CASH FLOW DATA 5.000 % 5.116 % 0.4167 % 0.01370% Event Start Date Amount Number Period End Date 1 Loan 2 Payment 01/15/2003 01/0112004 42,500.00 351.17 1 180 Monthly 12/01/2018 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 01/15/2003 42,500.00 2003 Totals 0.00 0.00 0.00 1 01/01/20054 351.17 2,092.61 1,741.44 44,241.44 2 0210112004 351.17 184.34 166.83 44,074.61 3 03/0112004 351.17 183.64 167.53 43,907.08 4 04101/2004 351.17 182.95 168.22 43,738.86 5 05/01/2004 351.17 18225 168.92 43,569.94 6 06/01/2004 351.17 181.54 169.63 43,400.31 7 07/01/2004 351.17 180.83 170.34 43,229.97 8 08101/2004 351.17 180.12 171.05 43,058.92 9 09/0112004 351.17. 179.41 171.76 42,887.16 10 10/01/2004 351.17 178.70 172.47 42,714.69 11 11/01/2004 351.17 177.98 173.19 42,541.50 12 12101/2004 351.17 177.26 173.91 42,367.59 2004 Totals 4,294.04 4,081.63 132.41 13 01101/2005 351.17 176.53 174.64 42,192.95 14 02101/2005 351.17 175.80 175.37 42,017.58 15 03/01/2005 351.17 175.07 176.10 41,841.48 16 04101/2005 351.17 174.34 176.83 41,664.65 17 05101/2005 351.17 173.60 177.57 41,487.08 18 06/01/2005 351.17 172.86 178.31 41,308.77 19 07/01/2005 351.17 172.12 179.05 41,129.72 20 08101/2005 351.17 171.37 179.80 40,949.92 21 0910112005 351.17 170.82 180.55 40,769.37 22 10/01/2005 351.17 169.87 181.30 40,588.07 23 11/01/2005 351.17 169.12 18205 40,406.02 24 12101/2005 351.17 168.36 182.81 40,223.21 2005 Totals 4,214.04 2,069.66 2,144.38 25 01/01/2006 351.17 167.60 183.57 40,039.64 ? € i 10/20/2003 Page 2 Loan to John B. and Milagros Rivera Date Payment Interest Principal Balance 26 02101/2006 351.17 166.83 184.34 39,855.30 27 03101/2006 351.17 166.06 185.11 39,670.19 28 04101/2006 351.17 16629 185.88 39,484.31 29 0510112006 351.17 164.52 186.65 39,297.66 30 06101/2006 351.17 163.74 187.43 39,110.23 31 07/0112006 351.17 162.96 188.21 38,922.02 32 08/01/2006 351.17 162.18 188.99 38,733.03 33 09/0112006 351.17 161.39 189.78 38,543.25 34 10/01/2006 351.17 160.60 190.57 38,352.68 35 11/0112006 351.17 159.80 191.37 38,161.31 36 12/01/2006 351.17 159.01 192.16 37,969.15 2006 Totals 4,214.04 1,959.98 2,254.06 37 01/0112007 351.17 158.20 192.97 37,776.18 38 02/01/2007 351.17 157.40 193.77 37,582.41 39 03/01/2007 351.17 156.59 194.58 37,387.83 40 04/01/2007 351.17 155.78 195.39 37,192.44 41 05/01/2007 351.17 154.97 196.20 36,996.24 42 06/01/2007 351.17 154.15 197.02 36,799.22 43 07/01/2007 351.17 153.33 197.84 36,601.38 44 08/0112007 351.17 152.51 198.66 36,402.72 45 09/01/2007 351.17 151.68 199.49 36,203.23 46 10/0112007 351.17 150.85 200.32 36,002.91 47' 11/01/2007 351.17 150.01 201.16 35,801.75 48 12/01/2007 351.17 149.17 202.00 35,599.75 2007 Totals 4,214.04 1,844.64 2,369.40 49 01/0112008 351.17 148.33 202.84 35,396.91 50 02/0112008 351.17 147.49 203.68 35,193.23 51 03/01/2008 351.17 146.64 204.53 34,988.70 52 04101/2008 351.17 145,79 205.38 34,783.32 53 05101/2008 351.17 144.93 206.24 34,577.08 54 06/01/2008 351.17 144.07 207.10 34,369.98 55 07101/2008 351.17 143.21 207.96 34,162.02 56 08/01/2008 351.17 142.34 208.83 33,953.19 57 09101/2008 351.17 141.47 209.70 33,743.49 58 10101/2008 351.17 140.60 210.57 33,532.92 59 11101/2008 351.17 139.72 211.45 33,321.47 60 12101/2008 351.17 138.84 212.33 33,109.14 2008 Totals 4,214.04 1,723.43 2,490.61 61 01/01/2009 351.17. 137.95 213.22 32,895.92 62 0210112009 351.17 137.07 214.10 32,681.82 63 0310112009 351.17 136.17 215.00 32,466.82 64 04/01/2009 351.17 135.28 215.89 32,250.93 65 05101/2009 351.17 134.38 216.79 32,034.14 66 06/01 /2009 351.17 133.48 217.69 31,816.45 67 07/01/2009 351.17 132.57 218.60 31,597.85 J ^?} 10/20/2003 Page 3 Loan to John B. and Milagros Rivera Date Payment Interest Principal Balance 68 08101/2009 351.17 131.66 219.51 31,378.34 69 09101/2009 351.17 130.74 220.43 31,157.91 70 10/0112009 351.17 129.82 221.35 30,936.56 71 11/01/2009 351.17 128.90 222.27 30,714.29 72 1210112009 351.17 127.98 223.19 30,491.10 2009 Totals 4,214.04 1,596.00 2,618.04 73 01101/2010 351.17 127.05 224.12 30,266.98 74 02/01/2010 351.17 126.11 225.06 30,041.92 75 03/01/2010 351.17 125.17 226.00 29,815.92 76 04101/2010 351.17 124.23 226.94 29,588.98 77 05/0112010 351.17 123.29 227.88 29,361.10 78 06101/2010 351.17 122.34 228.83 29,132.27 79 07/01/2010 351.17 121.38 229.79 28,90248 80 08/01/2010 351.17 120.43 230.74 28,671.74 81 09/01/2010 351.17 119.47 231.70 28,440.04 82 10/01/2010 351.17 118.50 232.67 28,207.37 83 11/01/2010 351.17 117.53 233.64 27,973.73 84 12101/2010 351.17 116.56 234.61 27,739.12 2010 Totals 4,214.04 1,462.06 2,751.98 85 01/01/2011 351.17 115.58 235.59 27,503.53 86 0210112011 351.17 114.60 236.57 27,266.96 87 03101/2011 351.17 113.61 237.56 27,029.40 88 0410112011 351.17 112.62 238.55 26,790.85 89 05/0112011 351.17 111.63 239.54 26,551.31 90 06101/2011 351.17 110.63 240.54 26,310.77 91 07101/2011 351.17 109.63 241.54 26,069.23 92 0810112011 351.17 108.62 242.55 25,826.68 93 09101/2011 351.17 107.61 243.56 25,583.12 94 10101 /2011 351.17 106.60 244.57 25,338.55 95 11/01120/1 351.17 105.58 245.59 25,092.96 96 12/01/2011 351.17 104.55 246.62 24,846.34 2011 Totals 4,214.04 1,321.26 2,892.78 97 01/01/2012 351.17 103.53 247.64 24,598.70 98 02101/2012 351.17 102.49 248.68 24,350.02 99 03101/2012 351.17 101.46 249.71 24,100.31 100 04/01/2012 351.17 100.42 250.75 23,849.58 101 0510112012 351.17 99.37 251.80 23,59716 102 0610112012 351.17 98.32 252.85 23,344.91 103 07/0112012 351.17 97.27 253.90 23,091.01 104 08/01/2012 351.17 96.21 254.96 22,836.05 105 0910112012 351.17 95.15 256.02 22,580.03 106 10/0112012 351.17 94.08 257.09 22,322.94 107 11/01/2012 351.17 93.01 258.16 22,064.78 108 12101/2012 351.17 91.94 259.23 21,805.55 20112 Totals 4,214.04 1,17325 3,040.79 t 10/20/2003 Page 4 Loan to John B. and Mllagros Rivera Date Payment Interest Prlnclpal Balance 109 01/01/2013 351.17 90.86 260.31 21,545.24 110 02/01/2013 351.17 89.77 261.40 21,283.84 111 03/01/2013 351.17 88.68 262.49 21,021.35 112 04/01/2013 351.17 87.59 263.58 20,757.77 113 05/01/2013 351.17 86.49 264.68 20,493,09 114 06/0112013 351.17 85.39 265.78 20,227.31 115 07/01/2013 351.17 84.28 266.89 19,960.42 116 08/0112013 351.17 83.17 268.00 19,692.42 117 09/01/2013 351.17 82.05 269.12 19,423.30 118 10/01/2013 351.17 80.93 270.24 19,153.06 11911/0112013 351.17 79.80 271.37 18,881.69 120 12/01/2013 351.17 78.67 272.50 18,609.19 2013 Totals 4,214.04 1,017.68 3,196.36 121 01/01/2014 351.17 77.54 273.63 18,335.56 122 0210112014 351.17 76.40 274.77 18,060.79 123 03/01/2014 351.17 75.25 275.92 17,784.87 124 0410112014 351.17 74.10 277.07 17,507.80 125 0510112014 351.17 72.95 278.22 17,229.58 126 06101/2014 351.17 71.79 279.38 16,950.20 127 0710112014 351.17 70.63 280.54 16,669.66 128 08/0112014 351.17 69.46 281.71 16,387.95 129 09/01/2014 351.17 68.28 282.89 16,105.06 130 10101/2014 351.17 67.10 284.07 15,820.99 131 1110112014 351.17 65.92 285.25 15,535.74 132 12/01/20`14 351.17 64.73 286.44 15,249.30 2014 Totals 4,214.04 854.15 3,359.89 133 01/01/2015 351.17 63.54 287.63 14,961.67 134 0210112015 351.17 62.34 288.83 14,672.84 135 03/0112015 351.17 61.14 290.03 14,382.81 136 04101/2015 351.17 59.93 291.24 14,091.57 137 05/0112015 351.17 58.71 292.46 13,799.11 138 06/01/2015 351.17 57.50 293.67 13,505.44 139 07/0112015 351.17 56.27 294.90 13,210.54 140 08/01/2015 351.17 55.04 296.13 12,914.41 141 09/01/2015 351.17 53.81 297.36 12,617.05 142 10/01/2015 351.17 52.57 298.60 12,318.45 143 11/01/20`15 351.17 51.33 299.84 12,018.61 144 12/01/2015 351.17 '50.08 301.09 11,717.52 2015 Totals 4,214.04 682.26 3,531.78 145 0110112016 351.17 48.82 302.35 11,415.17 146 02/01/2016 351.17 47.56 303.61 11,111.56 147 03/0112016 351.17 46.30 304.87 10,806.69 148 04/0112016 351.17 45.03 306.14 10,500.55 149 05/0112016 351.17 43.75 307.42 10,193.13 150 06101/2016 351.17 42.47 308.70 9,884.43 10/2012003 Page 5 Loan to John B. and Milagros Rivera Date Payment Interest Principal Balance 151 0710112016 351.17 41.19 309.98 9,574.45 152 08/01/2016 351.17 39.89 311.28 9,263.17 153 09/0112016 35117 38.60 312.57 8,950.60 154 10/01/2016 351.17 37.29 313.88 8,636.72 155 11/01.12016 351.17 35.99 315.18 8,321.54 156 12101/2016 351.17 34.67 316.50 8,005.04 2016 Totals 4,214.04 501.56 3,712.48 157 01/0112017 351.17- 33.35 317.82 7,687.22 158 02/01/2017 351.17 32.03 319.14 7,368.08 159 03101/2017 351.17 30.70 320.47 7,047.61 160 04/01/2017 351.17 29.37 321.80 6,725.81 161 05101/2017 351.17 28.02 323.15 6,402.66 162 0610112017 351.17 26.68 324.49 6,078.17 163 07/01/2017 351.17 25.33 325.84 5,752.33 164 08/0112017 351.17 23.97 327.20 5,425.13 165 09/0112017 351.17 22.60 328.57 5,096.56 166 1010112017 351.17 21.24 329.93 4,766.63 167 11/01/2017 351.17 19.86 331.31 4,435.32 168 12/01/2017 351.17 18.48 332.69 4,102.63 2017 Totals 4,214.04 '311.63 3,902.41 169 01/01/2018 351.17 17.09 334.08 3,768.55 170 02101/2018- 351.17 15.70 335.47 3,433.08 171 03/01/2018 351.17 14.30 336.87 3,096.21 172 0410112018 35107 12.90 338.27 2,757.94 173 05/01/2018 351.17 11.49 339.68 2,418.26 174 06/01/2018 351.17 10.08 341.09 2,077.17 175 07/01/2018 351.17 8.65 342.52 1,734.65 176 08/01/2018 351.17 7.23 343.94 1,390.71 177 09/01/2018 351.17 5.79 345.38 1,045.33 178 10/01/2018 351.17 4.36 346.81 698.52 179 11/0112018 351.17 2.91 348.26 350.26 180 12/01 /2018 351.17 0.91 350.26 0.00 2018 Totals 4,214.04 111.41 4,102.63 Grand Totals 63,210.60 20,710.60 42,500.00 CERTIFICATE OF SERVICE I, EDWARD J. MURPHY, ESQUIRE, hereby certify that on February 14, 2008, the foregoing FIRST AMENDED COMPLAINT was served by First Class Mail, postage prepaid, properly addressed as follows: BY: Elizabeth J. Saylor, Esquire Peter J. Russo, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17QI+--){ ADW . MYJRPHY, JR., ESQUIRE F . NO. 91814 AND MURPHY, LLP OOR, 240 NORTH THIRD STREET HARRISBURG, PA 17101 (717) 724-4600 f '71 .. -t w LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant CIVIL ACTION NO. 07-7760 V. Milagros Lozada Rivera TRIAL BY JURY DEMANDED Defendant PRAECIPE TO ADD DEFENDANT To The Prothonotary: Please add the following defendant to the above captioned action: Milagros Lozada Rivera 6261 South West 195th Avenue Pembrook Pines, FL 33332 Respectfully submitted, THE LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 ,Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Juan D. Rivera 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 .. ovlh. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Elizabeth J. Saylor, Esquire, hereby certify that I am on this day serving a copy of the Praecipe to Add Defendant and upon the person(s) and in the manner indicated below: Certified Mail Returned Receipt Restricted Delivery and addressed as follows: Milagros Lozada Rivera 6261 South West 195th Avenue Pembrook Pines, FL 33332 US Regular Mail and addressed as follows John A. Kane, Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs Elizabeth J. Saylor, Esquire Date: y ?f ??.?-. ? i . - __ '... ?.: WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to MILAGROS LOZADA RIVERA 6261 SOUTH WEST 195TH AVENUE PEMBROOK PINES, FL 33332 You are notified that JOHN B. RIVERA has joined you as an additional defendant in this action, which you are required to defend. Date: April 15, 2008 Curti R. Lon ro hono ry By: Deputy (Seal) No. 07-7760 Civil Term EDGAR G. RIOS and LILLIAN RIOS vs JOHN B. RIVERA Defendant MILAGROS LOZADA RIVERA Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT THE LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE ATTORNEY I.D. NO. 200139 ATTORNEYS FOR JUAN D. RIVERA 5006 E. TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 Attorney for Defendant EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS OF LILLIAN RIOS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JOHN B. RIVERA, Defendant NO. 07-7760 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this 13th day of May, 2008, upon consideration of the Defendant's Preliminary Objections, Plaintiffs' Response thereto, and after argument; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Preliminary Objections are OVERRULED. /Peter J. Russo, Esquire Elizabeth J. Saylor, Esquire Attorneys for Juan D. Rivera 3800 Market Street Camp Hill, PA 17011 ? John A. Kane, Esquire Edward J. Murphy, Jr., Esquire Kelley and Murphy, LLP Attorneys for Edgar G. and Lillian Rios 240 North Third Street 8th Floor Harrisburg, PA 17101 ?(Fr rnax(?. By the Court, 9s .Z1 g8 1 ?, 8t10Z 3RI EDGAR G. RIOS AND LILLIAN RIOS, Plaintiffs V. JOHN B. RIVERA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7760 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. AND EBERT, J. ORDER AND OPINION OF COURT EBERT, J., May 13, 2008 - FACTS and BRIEF PROCEDURAL HISTORY Plaintiffs commenced action in this matter on December 28, 2007, by filing a Complaint and Notice of same with the Prothonotary of this Court.' In the four counts set out in the Complaint, the Plaintiffs allege action for Breach of Contract, Unjust Enrichment, Misrepresentation/Fraud, and Promissory Estoppel.2 The allegations are that Defendant failed to pay back a $42,500 loan. The Complaint was captioned against "John B. Rivera. ,3 John B. Rivera was served by the Sheriff of this Court on January 8, 2008, at 7:40 p.m., by handing a copy of the Complaint and Notice to "Connie Naugle, fianc6e, adult in charge at 2032 Harvest ' Plaintiff's Complaint (Hereinafter, Pl. Compl. 2 Pl. Compl. 2-6. 3 Pl. Compl. 1. 2 Drive, Mechanicsburg, Pennsylvania. An affidavit attesting to this service was filed with this Court.4 From a reading of the Complaint, it would appear that the statute of limitations in this case expired no later than January 11, 2008. Upon receipt of the Complaint on January 29, 2008, "Juan D. Rivera" filed the preliminary objection in the nature of a demurrer to the entire Complaint basically alleging that "Juan D. Rivera is not the Defendant named in this action and thus is not a party to the above- captioned proceeding" and that the statute of limitations precluded the addition of a new Defendant. In response, the Plaintiffs filed their first amended Complaint seeking to amend the caption of the case to read "Juan D. Rivera, Defendant."' Plaintiffs claim that Juan is known as "John" and that he uses "John" and "Juan" interchangeably.6 Defendant's counsel, by letter dated February 21, 2008, indicated that he did not consent to amendment of the Complaint and consequently the matter was briefed and set down for argument on February 27, 2008. At argument the Defendant requested the Court to dismiss the Plaintiffs' Complaint, grant his preliminary objections, and deny Plaintiffs leave to amend their Complaint because: A. Plaintiffs failed to name the correct party; 4 Sheriff's Certificate of Service. 5 Defendant's Preliminary Objections. 6 Plaintiffs' Amended Complaint. B. Allowing Plaintiffs to amend their Complaint to name Juan D. Rivera after the expiration of the applicable statute of limitations would result in an impermissible substitution of a new party.7 DISCUSSION 1. Applicable Law. In determining whether a party should be allowed to substitute names of parties sued, this Court is bound by the standard as set out by the Superior Court of Pennsylvania in Cianchetti v. Kaylen, 361 A.2d 842 (Pa. Super. 1976). The operative test is "whether the right party was sued but under the wrong designation, or whether a wrong person was sued and the amendment was designated to substitute another distinct party." Id. at 844. In Cianchetti, Plaintiff was involved in a motor vehicle accident with Defendant, Henry J. Kaylen. The parties attempted settlement through insurance carriers but no settlement was reached. Plaintiff initiated suit, but named "Harry" as the Defendant. Service was unsuccessful at first, but eventually the sheriff was able to serve the complaint bearing the name "Harry" on Henry. Thereafter, Plaintiff attempted to amend the complaint to read "Henry" but the trial court denied the amendment. Id. at 843. On appeal, the Superior Court of Pennsylvania found that since the Appellant answered to "Harry" at time served by the sheriff, and all communications through the insurance company were conducted with reference to "Harry," it 7 Defendant's Brief in Support of Preliminary Objections, 2 (Hereinafter, Def. Br. _). 4 was proper for Plaintiff to believe that "Harry" was a proper designation for the Defendant, Henry J. Kaylen. Id. at 845. The Superior Court, therefore, found that the lower court erred in denying Plaintiff's Petition to Amend. Before the statute of limitations has run, it appears clear that the law in Pennsylvania liberally permits amendments correcting a name, including the correction of a spelling. If the statute of limitations has expired, such amendments are allowed where no new and distinct party is brought into the action. Saracina v. Catoia, 208 A.2d 764 (Pa. 1965). The question for determination then is whether the right party was sued but under a wrong name, or whether a wrong party was sued and the amendment was designed to substitute another and distinct party. 2. Application ofLaw to Facts. The Court finds that the statute of limitations in this case expired on or before January 11, 2008. Given this fact, the question now before the Court is, did the Plaintiffs sue the right party under a wrong name or was the wrong party sued and the first amended Complaint filed by the Plaintiffs designed to substitute another and distinct party. Stated another way, the issue in the instant case is whether the Appellants, in fact, sued Juan D. Rivera but merely used the erroneous designation of "John B. Rivera." An examination of the record supports the conclusion that Plaintiffs sued Juan D. Rivera, but miscaptioned their Complaint. First of all, the Complaint in the instant case alleged that the Defendant "John B. Rivera" resides at 2032 Harvest Drive, Mechanicsburg, Pennsylvania, 17055. This is the precise location where the Cumberland County Sheriff's Office served an adult individual with a copy of the Complaint naming John B. Rivera on January 8, 2008. Juan D. Rivera admits that he was served with the Complaint. (See paragraph 2 of the Preliminary Objections). Additionally, the Court recognizes that it is common knowledge that the name "John" is the anglicized form of the Spanish name "Juan." In Plaintiffs' Complaint, at Exhibit A, is an email from Jriverapana aol.com to eriosna,americhoice.com providing a spread sheet of Rivera's various debts which included credit card bills, car loan payments, and school tuition totaling $42,482.32. This email was dated January 9, 2003. Exhibit B of the Plaintiffs' Complaint indicates that the Plaintiff, Edgar G. Rios (erios), sent a letter to Goldman, Sachs & Co. authorizing the payment of $42,500 to "Juan D. Rivera and Milagros Rivera" five days after the email. This sum approximately equals the amount of money provided to Juan Rivera by the Plaintiffs rounded up to the next even $100.00 amount above the debt listed in Exhibit A. Clearly on this record, Juan D. Rivera, who was served with a copy of the Complaint, was the right person named as a Defendant under what was a wrong designation. While the Court does not rely on any factual matters outlined in the Defendant's brief in making this decision, the correctness of the decision becomes even more apparent when one reviews what the Defendant himself discloses in his brief. First, Defendant admits, as shown in the documentation found in Exhibits B through E, that he, Juan D. Rivera, does, in fact, reside at 6 2032 Harvest Drive, Mechanicsburg, Pennsylvania. Again, this is the exact location where the Cumberland County Sheriff's Department served a copy of the Complaint. Secondly, at Exhibit A, the Defendant provides a copy of a notice from the 17th Judicial Circuit in and for Broward County, Florida, indicating that Juan D. Rivera had been, in fact, married to Milagros Lozada Rivera. This is the name of the very same individual listed in the Plaintiffs' letter (Exhibit A of Plaintiffs' Complaint) authorizing the transfer of $42, 500 to Juan D. Rivera and Milagros Lozada Rivera. Third, at Exhibit F, the Defendant submits the result of a name search for John Rivera to indicate that there are persons named John Rivera residing in the Harrisburg area. None of the names listed have the address of 2032 Harvest Drive, Mechanicsburg, Pennsylvania, which was the address where Juan D. Rivera was served with the Complaint. Finally, the Defendant admits that the Plaintiffs and he were personal friends for over a decade. This certainly could support the conclusion that Plaintiffs were, in fact, lending the money to the Juan D. Rivera they knew and not some unknown "John B. Rivera." Accordingly, the following order will be entered: 7 ORDER OF COURT AND NOW, this 13th day of May, 2008, the Defendant's Preliminary Objections, Plaintiffs' Response thereto, and after argument; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Preliminary Objections are OVERRULED. By the Court, qvl._ W ?/ - 'y` M. L. Ebert, Jr., J. John A. Kane, Esquire Edward J. Murphy, Jr., Esquire Kelley and Murphy, LLP Attorneys for Plaintiffs Peter J. Russo, Esquire Elizabeth J. Saylor, Esquire Attorneys for Defendant 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED NOTICE TO PLEAD TO: Edgar G. Rios and Lillian Rios c/o John A. Kane, Esquire Kelly & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. THE LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Juan D. Rivera 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, CIVIL ACTION Plaintiff NO. 07-7760 V. John B. Rivera, Defendant V. Milagros Lozada Rivera TRIAL BY JURY DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' FIRST AMENDED COMPLAINT Juan D. Rivera (hereinafter "Defendant"), by and through his attorneys the Law Offices of Peter J. Russo, P.C., in response to Plaintiffs' Complaint states: 1. PARTIES, JURISDICTION AND VENUE 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Juan D. Rivera resides at 2032 Harvest Drive, Mechanicsburg, PA 17055. The remainder of the averment set forth in Paragraph 2 is denied as Defendant is without knowledge as to Plaintiff's intent. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that venue is proper in this Honorable Court. The remainder of the averment set forth in Paragraph 4 is denied as Defendant disputes the existence of Plaintiffs' claims and the alleged events giving rise thereto. II. FACTUAL BACKGROUND 5. Denied. It is denied that on or about January 9, 2003, Defendant asked Plaintiffs for a loan so that Defendant could pay accumulated debts, including credit card bills, car loan payments and school tuition totaling $42,482.32. By way of further response, Plaintiffs offered to give Defendant and his then wife, Milagros Rivera, money as Plaintiffs were both millionaires and close friends to Milagros Rivera and Juan Rivera, who were struggling financially. 6. Denied. Defendant denies that on or about January 2, 2003, Plaintiffs agreed to loan Defendant monies to be used to pay the accumulated debts listed on Exhibit A and Defendant agreed to repay the loan with interest at a rate of 5% per year. Strict proof of said averment is hereby demanded at the time of trial. By way of further response, Plaintiffs offered to give Defendant and his then wife, Milagros Rivera, money as Plaintiffs were both millionaires and close friends to Milagros Rivera and Juan Rivera, who were struggling financially. 7. Denied. Answering Defendant denies that Defendant requested, and Plaintiffs agreed, that a loan repayment would commence effective January 11, 2004. Strict proof of said averment is hereby demanded at the time of trial. 8. Denied. The averment contained in Paragraph 8 references a document that controls and interpretational gloss placed therein is strictly denied. 9. Denied. The averment contained in Paragraph 9 references a document that controls and interpretational gloss placed therein is strictly denied. By way of further response, it is denied that a schedule of loan payments to commence on January 1, 2004, was forwarded to Defendant on or about October 20, 2003, and strict proof of said averment is hereby demanded at the time of trial. 10. Denied. The averment contained in Paragraph 10 is a legal conclusion to which no response is required. By way of further response, there was no agreement between the Plaintiffs and Defendant regarding any repayment of any monies given by Plaintiffs to Defendant and his then wife, Milagros Rivera. 11. Denied in part and admitted in part. Plaintiffs did not make any requests for any money until approximately September 2007, after Defendant's divorce from Milagros Rivera was final and Milagros Rivera learned of the progression of Defendant's relationship with his now wife. Defendant admits that he has not made any payments to Plaintiffs as the money was given to him and his ex-wife Milagros Rivera, the monies were not mentioned in his divorce action from Milagros Rivera, there was no mention of repayment until after his relationship with his current wife became known, and Milagros Rivera is not a party to this action and is believed to be evading service despite Defendant's diligent attempt to make her a party to this action. PLAINTIFFS' COUNT I - BREACH OF CONTRACT 12. Denied. The Rules of Civil Procedure do not require a response to the averment contained in Paragraph 12. 13. Denied. It is denied that Defendant promised to repay Plaintiffs any monies. Strict proof of said averment is hereby demanded at the time of trial. By way of further response, Plaintiffs offered to give Defendant and his then wife, Milagros Rivera, money as Plaintiffs were both millionaires and close friends to Milagros Rivera and Juan Rivera who were struggling financially. 14. Denied. The averment contained in Paragraph 14 is a legal conclusion to which no response is required. By way of further response, Defendant has not made any payments to Plaintiffs as the money was given to him and his ex-wife Milagros Rivera, the monies were not mentioned in his divorce action from Milagros Rivera, there was no mention of repayment until after his relationship with his current wife became known, and Milagros Rivera is not a party to this action and is believed to be evading service despite Defendant's diligent attempt to make her a party to this action. 15. Denied. It is denied that the parties entered into a contract by which Plaintiffs promised to loan $42,500.00 to Defendant and Defendant agreed to repay the loan as set forth previously. By way of further response, there was no agreement between the Plaintiff and Defendant regarding any repayment of any monies given by Plaintiffs to Defendant and his then wife Milagros Rivera. 16. Denied. The averment contained in Paragraph 16 is a legal conclusion to which no response is required. Defendant denies all other averments set forth in Plaintiffs' First Amended Complaint in Paragraphs 1-16 that are not specifically admitted. WHEREFORE, Defendant demands judgment against Plaintiffs dismissing the claims contained in Count I. PLAINTIFFS' COUNT II - UNJUST ENRICHMENT 17. Denied. The Rules of Civil Procedure do not require a response to the averment contained in Paragraph 17. 18. Denied. Defendant does dispute that he requested and benefited from a loan he obtained from Plaintiffs and that he agreed to repay any monies to Plaintiffs. By way of further response, Plaintiffs offered to give Defendant and his then wife, Milagros Rivera, money as Plaintiffs were both millionaires and close friends to Milagros Rivera and Juan Rivera who were struggling financially. No mention was made regarding repayment of the monies until approximately five (5) years after the money was given to Juan Rivera and Milagros Rivera. 19. Denied. It is denied that Defendant promised to make any payments to Plaintiffs. Strict proof of said averment is hereby demanded at the time of trial. By way of further response, Plaintiffs offered to give Defendant and his then wife, Milagros Rivera, money as Plaintiffs were both millionaires and close friends to Milagros Rivera and Juan Rivera who were struggling financially. 20. Denied. The averment contained in Paragraph 20 is a legal conclusion to which no response is required. By way of further response, it is denied that Plaintiffs loaned Defendant any monies. 21. Denied. The averment contained in Paragraph 21 is a legal conclusion to which no response is required. By way of further response, it is denied that Plaintiffs loaned Defendant any monies. 22. Denied. The averment contained in Paragraph 22 is a legal conclusion to which no response is required. By way of further response, it is denied that Defendant paid any debts and obligations consequently from a loan from Plaintiffs, as Plaintiffs did not loan Defendant money. 23. Denied. The averment contained in Paragraph 23 is a legal conclusion to which no response is required. By way of further response, it is denied that Plaintiffs loaned Defendant any monies and/or that there was any agreement to repay monies. 24. Denied. The averment contained in Paragraph 24 is a legal conclusion to which no response is required. By way of further response, it is denied that Plaintiffs loaned Defendant any monies. Defendant denies all other averments set forth in Plaintiffs' First Amended Complaint in Paragraphs 17-24 that are not specifically admitted. WHEREFORE, Defendant demands judgment against Plaintiffs dismissing the claims contained in Count II. PLAINTIFFS' COUNT III - MISREPRESENTATION/FRAUD 25. Denied. The Rules of Civil Procedure do not require a response to the averment contained in Paragraph 25. 26. Denied. It is denied that the monies provided to Defendant and his then wife, Milagros Rivera, was a loan. It is further denied that Defendant promised Plaintiffs that he would repay any monies to Plaintiffs. 27. Denied. The averment contained in Paragraph 27 is a legal conclusion to which no response is required. By way of further response it is Defendant misled Plaintiffs into believing that he would repay any monies to Plaintiffs. It is further denied that Exhibit A sets forth a payment schedule. 28. Denied. The averment contained in Paragraph 28 is a legal conclusion to which no response is required. By way of further response it is denied that Plaintiffs made the loan to Defendant in reliance upon Defendant's promise to Plaintiffs, as Plaintiffs provided the monies as a gift without any promise of repayment to both Defendant and his then wife, Milagros Rivera, who Plaintiffs have not named in this action. 29. Denied. The averment contained in Paragraph 29 is a legal conclusion to which no response is required. Defendant denies all other averments set forth in Plaintiffs' First Amended Complaint in Paragraphs 25-29 that are not specifically admitted. WHEREFORE, Defendant demands judgment against Plaintiffs dismissing the claims contained in Count III. PLAINTIFFS' COUNT IV - PROMISSORY ESTOPPEL 30. Denied. The Rules of Civil Procedure do not require a response to the averment contained in Paragraph 30. 31. Denied. It is denied that Defendant ever represented to the Plaintiffs that Defendant would ever reimburse Plaintiffs for any monies Plaintiffs gave to Defendant and his then wife. Strict proof of said averment is hereby demanded at the time of trial. 32. Denied. The averment contained in Paragraph 32 is a legal conclusion to which no response is required. 33. Denied. The averment contained in Paragraph 33 is a legal conclusion to which no response is required. 34. Denied. The averment contained in Paragraph 34 is a legal conclusion to which no response is required. 35. Denied. The averment contained in Paragraph 35 is a legal conclusion to which no response is required. Defendant denies all other averments set forth in Plaintiffs' First Amended Complaint in Paragraphs 30-35 that are not specifically admitted. WHEREFORE, Defendant demands judgment against Plaintiffs dismissing the claims contained in Count IV. DEFENDANT'S NEW MATTER 36. Defendant incorporates its foregoing answer in Paragraphs 1 through 35 by reference. 37. Plaintiffs have failed to set a claim upon which relief may be granted. 38. Plaintiffs have failed to join an indispensable party. 39. Plaintiffs have failed to mitigate their damages, if any. 40. Plaintiffs' claim for recoverable damages is contrary to the law of the Commonwealth of Pennsylvania. 41. Plaintiffs may be barred in whole or in part by the applicable Statute of Limitations. 42. Plaintiffs may be barred in whole or in part by the principle of res judicata. 43. Plaintiffs' causes of action may be barred in whole or in part by the Statute of Frauds. 44. Plaintiffs' causes of action may be barred in whole or in part by Parol Evidence Rule. 45. Plaintiffs' claim(s) may be barred by the doctrine of estoppel, waiver and/or laches. 46. Plaintiffs' claim(s) may be barred by the Principles of Accord and Satisfaction. 47. Plaintiffs' claim(s) may be barred by the doctrine of payment/release. 48. Plaitniffs' claim(s) may be barred in whole or in party by the doctrine of economic loss. 49. Plaintiffs voluntarily assumed the risk of the facts set forth in this First Amended Complaint and accordingly their claims are barred. 50. Plaintiffs' claim may be barred and limited by the doctrines of contributory negligence, comparative negligence and/or assumption of the risk. 51. No conduct of the Defendant or agent of the Defendant resulted in or is the proximate cause of any injury or damage sustained by the Plaintiffs. 52. Any injuries and/or damages claimed by the Plaintiffs, if proven, were caused by persons other than Defendant and not within the control of Defendant. 53. At all material times hereto Defendant acted reasonably, appropriately and caused no injuries or damage to Plaintiffs. 54. Any harm suffered by the Plaintiffs arose out of their own non- performance of the essential obligations. 55. If the Plaintiffs sustained damages alleged in their First Amended Complaint, which damages are strictly denied, then the damages were caused by the acts or omissions of entities or individuals over which Defendant had no control, or legal duty to control. Wherefore, Defendant demands that Plaintiffs' First Amended Complaint be dismissed and judgment entered in his favor and against the Plaintiffs without costs to him, but together with such costs, expenses and attorney's fees as authorized by law in which the Court deems necessary, just and appropriate under the circumstances. Respectfully submitted, THE LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 "!5-Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Juan D. Rivera 5006 East Trindle Road, Suite Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 100 VERIFICATION I, Juan D. Rivera, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 5 Zaci Lo ?c Yu n D. Cra CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of Defendant's Answer with New Matter to Plaintiff's First Amended Complaint upon the person(s) and in the manner indicated below: US Mail addressed as follows: John A. Kane, Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs Amber L. Southard, Paralegal Date: s ''??j()$ cz? z'7 "Y _ ... J1 mTl EDGAR G. RIOS AND LILLIAN RIOS 658 Live Oak Drive McLean, VA 22101 Plaintiffs, V. JUAN D. RIVERA 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-7760 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiffs Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust ("Plaintiffs"), by and through their undersigned attorneys, hereby answer Defendant's Juan D. Rivera's New Matter and aver as follows: ANSWER TO NEW MATTER 36. The allegations in this paragraph require no response. 37. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 38. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 39. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 40. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 41. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 0 42. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 43. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 44. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 45. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 46. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 47. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 48. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 49. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 50. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 51. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 52. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 2 53. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 54. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. 55. The allegations contained in this paragraph are conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied. Wherefore, Plaintiffs request that judgment be entered in their favor and against Defendant Juan D. Rivera with such costs, expenses and fees as authorized by law which the Court deems just and appropriate. Respectfully submitted, Date: June 18, 2008 By: John A. Kane, Esquire Attorney I.D. No. 24759 Edward J. Murphy, Jr., Esquire Attorney I.D. No. 91814 Kelley and Murphy, LLP 240 North Third Street, 8`" Floor Harrisburg, PA 17101 (717) 724-4600 (717) 724-4690 facsimile Counsel for Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust 3 VERIFICATION I, LILLIAN RIOS, hereby verify that the facts contained in the foregoing ANSWER TO NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. LILLIAN RIOS DATE: qlVc>a VERIFICATION I, EDGAR RIOS, hereby verify that the facts contained in the foregoing ANSWER TO NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. i .- EDGARrOS ??? DATE: 4611 CERTIFICATE OF SERVICE I, EDWARD J. MURPHY, ESQUIRE, hereby certify that on June 18, 2008, the foregoing ANSWER TO NEW MATTER was served by First Class Mail, postage prepaid, properly addressed as follows: BY: Elizabeth J. Saylor, Esquire Peter J. Russo, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 9DWARD J. RPHY, JR., ESQUIRE ATTY. I. 0.91814 Y AND MURPHY, LLP 8' FLOOR, 240 NORTH THIRD STREET HARRISBURG, PA 17101 (717) 724-4600 C"1 f-3 C?7 C_V CI ? O F . ar ?a ,-? : . ?S7 1 l AFFIDAVIT OF SERVICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NUMBER: 07-7760 EDGAR G. RIOS and LILIAN RIOS Plaintiffs, vs. JOHN B. RIVERA, Defendant, vs. MILAGROS LOZADA RIVERA Defendant. For Attorney: The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Received by Mark James on the 10(' Day of July 2008 at 10:38 am. to be served upon Defendant, Milagros Lozada Rivera located at 8103 S. Palm Drive, Apt. 120, Pembroke Pines, Florida 33025 I, Mark James, being duly sworn, depose and say that on the 12' Day of July 2008 at 9:35 am., SERVED this Writ To Join Defendant, Praecipe To Add Defendant and Certificate of Service in the manner stated below: PERSONAL IN-HAND SERVICE: The service documents were handed to Milagros Lozada Rivera. Ms. Rivera voluntarily identified herself and willing accepted service of process. Service was made at the designated residential address I certify that I have no interest in the above action, am of legal a have proper authority in the jurisdiction in which this service was made. NOTARY PUBLIC 0 RIDA Mark James Jonatha Levy Sheriff Appointed Process Server Commission #DD759719 License Number: 540 SPS ='!'.•' Expires: MAR.13, 2012 Broward County, Florida BONDED THRU ATLmmc BONDING CO.. 1)(C. Agency for Civil Enforcement Corporation www.AceFLA.com 561.447.7638 Transaction Number: 87150 " .r 21 10 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, CIVIL ACTION Plaintiff NO. 07-7760 V. John B. Rivera, Defendant V. Milagros Lozada Rivera TRIAL BY JURY DEMANDED Defendant NOTICE TO PLEAD TO: Milagros Lozada Rivera You are hereby notified to file a written a written response to the enclosed Defendant's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. F1 t t L The Law Offices of Peter J. Russo, P.C. Attorneys for the Defendant Elizabeth J. Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: August 5, 2008 T LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY 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 I' LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED COMPLAINT AND NOW, COMES Defendant, Juan D. Rivera ("Defendant") by and through his attorneys, the Law Offices of Peter J. Russo, P.C., and files the within Complaint, and in support thereof, avers as follows: 1. Defendant, Juan D. Rivera, is an adult individual who resides at 2032 Harvest Drive, Mechanicsburg, PA 17055. 2. Additional Defendant, Milagros Lozado Rivera, ("Additional Defendant") is an adult individual who resides at 8103 S. Palm Drive, Apt. 120, Pembroke Pines, Florida 33025. 3. On or about February 15, 2008, Plaintiffs Edgar G. Rios and Lillian Rios filed a First 1. 1 Amended Complaint against Defendant, John B. Rivera in the Court of Common Pleas of Cumberland County, Pennsylvania. 4. Plaintiffs' Amended Complaint purports to set forth causes of action against Defendant for breach of contract, unjust enrichment, misrepresentation/fraud, and promissory estoppel. A true and correct copy of Plaintiffs' Amended Complaint is attached hereto as Exhibit A. 5. This action involves monies that Plaintiff allegedly loaned to Defendant. 6. Plaintiffs' Amended Complaint references, by way of exhibits, Additional Defendant Milagros Rivera. 7. Plaintiffs' Amended Complaint alleges that on or about January 12, 2003, Plaintiffs authorized a wire of forty two thousand dollars and zero cents ($42,000.00) to Defendant and Additional Defendant Milagros Rivera. 8. Plaintiffs' Amended Complaint sets forth an alleged amortization schedule, which references a "Loan to John B. and Milagros Rivera." 9. Plaintiffs' Amended Complaint sets forth a proposed Promissory Note naming both Defendant and Additional Defendant Milagros Rivera collectively as "Maker." 10. Any alleged obligation incurred as a result of each and every count of Plaintiffs' Amended Complaint is as a direct and proximate result of the Additional Defendant's failures, acts and omissions. 11. As a direct and proximate result of the Additional Defendant's failures, acts and omissions, Plaintiffs have instituted the instant suit. 12. As a direct and proximate result of the Additional Defendant's failures, acts and omissions, Plaintiffs may obtain a judgment against Defendant. 13. As a direct and proximate result of Additional Defendant's failures, acts and omissions, Plaintiffs' judgment may be executed against the possessions of Defendant. 14. Defendant is entitled to contribution from Additional Defendant for her failures, acts and omissions. Count One Common Law Indemnification 15. Defendant incorporates by reference all preceding Responses and Affirmative Defenses and all allegations of Plaintiffs' Amended Complaint (without admitting or adopting same). 16. If Plaintiffs have suffered any damages as a result of the transactions, acts, and omissions set forth in the Plaintiffs' Amended Complaint, the actions of Additional Defendant Milagros Rivera as alleged therein was the primary source of fault (if any) causing damage (if any) to Plaintiffs. 17. Defendant is accordingly entitled to common law indemnification from Additional Defendant Milagros Rivera. WHEREFORE, Defendant respectfully request that this Court enter an Order entering judgment in his favor, and against Additional Defendant Milagros Rivera, in an amount to be proven at trial, together with reasonable attorneys' fees, costs, expenses, and such other and further relief as this Court may deem just and proper. Count Two Common Law Contribution 18. Defendant incorporates by reference all preceding Responses and Affirmative Defenses and all allegations of Plaintiffs' Amended Complaint (without admitting or adopting same). 19. To the extent that Defendant is found to be liable to Plaintiffs for any damages, which liability Defendant strictly denies, then Additional Defendant Milagros Rivera should bear her respective share of any such common liability. 20. To the extent that Defendant compensates Plaintiffs for any alleged wrongful conduct of Additional Defendant Milagros Rivera, then Additional Defendant should contribute to that amount. WHEREFORE, Defendant respectfully requests that this Court enter an Order entering judgment in his favor, and against Additional Defendant Milagros Rivera in an amount to be proven at trial, together with reasonable attorneys' fees, costs, expenses, and such other and further relief as this Court may deem just and proper. Respectfully submitted, eter J. Russo, Esquire Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: August 5, 2008 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED VERIFICATION I, Juan D. Rivera, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: D. Rivera EXHIBIT A KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. ATTY I.D. NO.: 91814 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 NO. 07-7760 : CIVIL ACTION - LAW Plaintiffs, V. JOHN B. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant FIRST AMENDED COMPLAINT Pursuant to Pa. R. Civ. P. 1028(c)(1), Plaintiffs Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust ("Plaintiffs"), hereby file this Amended Complaint to substitute the name Juan, which is the Spanish version of the name John, and to correct Defendant's middle initial. Plaintiffs amend their Complaint to reflect that they are bringing this action against "Juan D." Rivera ("Defendant"), who at all times resided at 2032 Harvest Drive, Mechanicsburg, PA 17055, who is also known as (a/k/a) "John" Rivera, to obtain relief from Defendant's failure and refusal to pay to Plaintiffs, as promised, the principal amount of $42,500.00 with interest, representing monies loaned to Defendant by Plaintiffs. Plaintiffs manifested their intent to bring him into Court and Mr. Rivera apparently uses both names, Juan and John, interchangeably. t 1. PARTIES, JURISDICTION AND VENUE 1. Plaintiffs are individuals who reside at 658 Live Oak Drive, McLean, VA 22101. 2. Defendant resides at 2032 Harvest Drive, Mechanicsburg, PA 17055. Plaintiffs intended to sue Juan D. Rivera, who is also known as (a/k/a) John Rivera. 3. This Honorable Court has jurisdiction over this matter pursuant to 42 Pa. C.S. § 931. 4. Venue is proper in this Honorable Court under Pa. R.C.P. 2179 as the events giving rise to this claim took place in Mechanicsburg, Cumberland County, Pennsylvania. H. FACTUAL BACKGROUND 5. Defendant, on or about January 9, 2003, asked Plaintiffs for a loan so that Defendant could pay accumulated debts, including credit card bills, car loan payments and school tuition totaling $42,482.32. See Exhibit "A," attached hereto. 6. On or about January 2, 2003, Plaintiffs agreed to loan Defendant monies to be used to pay the accumulated debts listed on Exhibit A and Defendant agreed to repay the loan with interest at a rate of 5% per year. 7. Defendant requested, and Plaintiffs agreed, that the loan repayment would commence effective January 11, 2004. 8 Plaintiffs, by letter dated January 14, 2003, instructed Goldman, Sachs and Co. to wire $42,500 to Defendant's account. See Exhibit "B" attached hereto. 9. On or about October 20, 2003, Plaintiffs forwarded to Defendant a schedule of loan payments to commence on January 1, 2004. See Exhibit "C" attached hereto. 2 10. Defendant has failed, and continues to fail, to make the monthly payments to Plaintiffs promised, and remains in default of his obligations under the contract entered into by the parties. 11. Plaintiffs have repeatedly sought to obtain the monies owed to them by Defendant, but Defendant has refused and continues to refuse to pay. COUNT ONE Breach of Contract 12. Plaintiffs incorporate by reference paragraphs 1-11 of this Complaint as if fully set forth herein. 13. Defendant promised Plaintiffs that he would repay the loan received from them, in full and with interest calculated at the rate of five percent per year, in 180 equal consecutive monthly installments of principal and interest of $351.17, commencing on January 1, 2004, and ending on December 1, 2018, with the right to make prepayments at any time. 14. Defendant has wrongfully refused to make any payments to Plaintiffs as he promised them. 15. The parties entered into a contract by which Plaintiffs promised to loan $42,500.00 to Defendant and Defendant agreed to repay the loan as set forth previously. 16. Plaintiffs did in fact perform under this contract as promised, yet Defendant has remained in breach. WHEREFORE, Defendant having intentionally and unlawfully breached his contract with Plaintiffs, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the entire amount of the loan proceeds, plus interest that has accrued and continues to accrue from January 1, 2004. 3 COUNT TWO Unjust Enrichment 17. Plaintiffs incorporate by reference paragraphs 1-16 of this Complaint as if fully set forth herein. 18. Defendant does not dispute that he requested and benefited from a loan he obtained from Plaintiffs and that he agreed to repay the loan, with interest calculated at the rate of five percent per year, in 180 equal consecutive monthly installments of principal and interest of $351.17, commencing on January 1, 2004. 19. Defendant has failed to make any payments to Plaintiffs as he promised. 20. Defendant benefited from the loan and his retention of the loan proceeds in contravention of his agreement to repay the loan results in Defendant's unjust enrichment. 21. As a result of the loan provided to Defendant by Plaintiffs, Defendant obtained the benefit of the promise and agreement of Plaintiffs to provide the loan. 22. Consequently, Defendant was able to, and did, pay his debts and obligations. 23. Despite receiving the benefit of the loan provided by Plaintiffs, Defendant failed to repay Plaintiffs as promised and thus, Defendant has been unjustly enriched to the detriment of Plaintiffs. 24. The promise by Plaintiffs and the loan they provided conferred a benefit upon Defendant with the appreciation and knowledge of Defendant. Defendant accepted, received and profited from the benefit of this promise and the loan under such circumstances that it would be inequitable to allow Defendant to retain the benefit without payment of its value to Plaintiffs. WHEREFORE, because Plaintiffs conferred a benefit on Defendant from which Defendant benefitted and because Defendant would be unjustly enriched by retention of the loan 4 proceeds, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the value of the loan with accumulated interest. COUNT THREE Misrepresentation/Fraud 25. Plaintiffs incorporate by reference paragraphs 1- 24 of this Complaint as if fully set forth herein. 26. Defendant promised Plaintiffs that he would repay the loan obtained from Plaintiffs, with interest, according to the payment schedule set forth in Exhibit A. 27. Defendant misled Plaintiffs into believing that he would repay the loan according to the payment schedule set forth in Exhibit A so as to obtain the loan from Plaintiffs. 28. Plaintiffs made the loan to Defendant in reliance upon Defendant's promise to dutifully repay the loan to Plaintiffs. 29. Plaintiffs to date have suffered damages of over $53,760 due to Defendant's misrepresentations and fraudulent actions. WHEREFORE, because Defendant induced Plaintiffs to make a loan to Plaintiffs and misled and misrepresented to Plaintiffs his agreement to repay the loan according to a mutually agreeable schedule of repayment, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to immediately repay the loan proceeds, with accumulated interest, to Plaintiffs. COUNT IV Promissory Estoppel 30. Plaintiffs incorporate by reference paragraphs 1-29 of this Complaint as if fully set forth herein. 31. Defendant represented both orally and in writing to Plaintiffs that if Plaintiffs performed as promised, Defendant would reimburse Plaintiffs. 32. Plaintiffs reasonably relied upon this promise to their determent. 33. Defendant knew, or should have known, that in reliance upon the repeated oral representations and promises by Defendant that he would reimburse Plaintiffs, Plaintiffs would rely to their determent and forgo other business ventures. 34. Defendant failed to perform as promised and Plaintiffs have suffered a detriment of a definite and substantial nature due to their reliance upon the promise by Defendant. 35. Plaintiffs' reliance was at all times reasonable and based upon the repeated promises made by Defendant. WHEREFORE, because Plaintiffs relied reasonably to their detriment upon Defendant's promise to repay them from which Defendant benefitted, judgment should be entered in favor of Plaintiffs and against Defendant and the Court should order Defendant to pay Plaintiffs the value of the loan with accumulated interest. Respectfull sub ed, Date: February 14, 2008 B . John A. Kane, Esquire Attorney I.D. No. 24759 Edward J. Murphy, Jr., Esquire Attorney I.D. No. 91814 Kelley and Murphy, LLP 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 724-4600 (717) 724-4690 facsimile Counsel for Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust 6 VERIFICATION I, EDWARD J. MURPHY, JR., hereby verify that the facts contained in the foregoing FIRST AMENDED COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Pursuant to Pa. R. Civ. P. 1024(c), I am taking this verification because the parties are outside of the Court's jurisdiction and their verification cannot be obtained within the time allowed for filing this pleading. DATE: February 14, 2008 00/26/07 17:00 FAX 703, 3545 Q 003 Page I of 1 Edgar Rios - Halb From: <JrWerapa@aol.=n> To: <edos@anwskholce4an> Dabs: 1191200310:30 AM Wdetta Helb Edgar, As Per your request i have at xW a aW of the excel sheet l avdBd. if you have any other quesWm Please fee free to call me at home. tAom v formw to seeit?g you all this weekend. Butchle filet/C.Mocamae gMoudy Wct&W Ad nWL*d lt"a gooSeUigATa*GW}000_. 1/1212003 09/28/07 17:01 FAX 703 5 354b Card Name Bank of America Harris Saving Bank Target Kohis Sears D'ismer Arced= Express JC Penney Fashion Bug Qcard Caen 2000 Grand Am GT 2002 HWxft E3arft Sadool St; Sdmd Total Amt Due $ 5,11278 $ 61126.76 $ 86.90 $ 317.25 $1,389.60 $ 359M $ 25921 $ 848.90 $ 610.00 $ 31289 Carus Total Amt $12,662.48 $12,635.98 Cars total Amt $1,750.00 School And Due $15,443.88 $ 25.2.88.44 $1,750.00 IM004 Gnind Total Due $ 42,482.32 09/28/07 17:00 VAX T03 5E 1545 exesttluffulux-EwXy. WA ouz Edgar Q Most GP AGR Family LP 658 Live Oak Drive McLean, VA 22101 january 14, 2003 Goklrwt, Sachs & Co. 1735 Market Street 20 Floor PNIedeiphia, PA 19103 To Whom It May Concern: This letter is your aulhorhmiion to Are $42,600 from my AGR Family LP account IK to tKe fo{loering: Juan D. Rivers & Nlagros Rivera Waypolnt Bank C-tisrs, PA Account ABA Sincerely, U-R Partner Fai* LP 10120/2003 Page 1 Loan to John B. and Miiagros Rivera. Compound Period .........: Monthly Nominal Annual Rate ....: 5.000 % Effective Annual Rate...: 5.116 % Periodic Rate ..................: 0.4167 % Daily Rate ........................: 0.01370% CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 2 Payment 01/15/2003 01/0112004 42,500.00 35117 1 180 Monthly 12101/2018 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 0111512003 42,500.00 2003 Totals 0.00 0.00 0.00 1 01101 /2004 351 A 7 2,092.61 1,741.44- 44,241.44 2 0210112004 351.17 184.34 166.83 44,074.61 3 0310112004 351.17 183.64 167.53 43,907.08 4 04/0112004 351.17 182.95 168.22 43,738.86 5 05101004 351.17 182.25 168.92 43,569.94 6 0610112004 351.17 181.54 169.63 43,400.31 7 07/0112004 351.17 180.83 170.34 43,229.97 8 08/01/2004 351.17 180.12 171.05 43,058.92 9 09101/2004 351.17. 179A1 171.76 42,887.16 10 10/01/2004 351.17 178.70 172.47 42,714.69 11 11/01/2004 351.17 177.98 173.19 42,541.50 1212101/2004 351.17 177.26 173.91 42,367.59 2004 Totals 4,214.04 4,081,63 132.41 13 01/0112005 351.17 176.53 174.64 42,192.95 14 02101/2005 351.17 175.80 175.37 42,017.58 15 03/01/2005 351.17 175.07 176.10 41,841.48 16 04101/2005 351.17 174.34 176.83 41,664.65 17 05101/2005 351.17 173.60 177.57 41,487.08 18 06/0112005 351 AT 172.86 178.31 41,308,77 19 07101/2005 351.17 172.12 179.05 41,129.72 20 08101/2005 351.17 171.37 179.80 40,949.92 21 0910112005 351.17 170.62 180.55 40,769.37 22 101/2005 351.17 169.87 181.30 40,588.07 23 11/0112005 351.17 169.12 18205 40,406.02 24 12/01/2005 351.17 168.36 182.81 40,223.21 2005 Totals 4,214.04 2,069.66 2,144.38 25 01/01/2006 351.17 167.60 183,57 40,039.64 .? ^ i 10/20/2003 Page 2 Loan to John 13_ and Milagros Rivera Date Payment Interest Principal Balance 26 02101/2006 351.17 166.83 184.34 39,855.30 27 0310112006 35117 166.06 185.11 39,670.19 28 04101/2006 351.17 16529 185.88 39,484.31 29 0510112006 351.17 164.52 186,65 39,297.66 30 06/0112006 351.17 163.74 187.43 39,110.23 31 07/01/2006 351.17 162.96 188M 38,922.02 32 0810112006 351.17 162.18 188.99 38,733.03 33 09/0112006 351.17 161.39 189.78 38,54325 34 10/0112006 351.17 160.60 190.57 38,352.68 35 1110112006 351.17 159.80 191.37 38,161.31 36 1210112006 351.17 159.01 192.16 37,969.15 2006 Totals 4,214.04 1,959.98 2,254.06 37 01/01/2007 351.17 158.20 192.97 37,776.18 38 02/01/2007 351.17 157.40 193.77 37,582.41 39 0310112007 351.17 156.59 194.58 37,387.83 40 04/0112007 351.1? 155.78 195.39 37,192.44 41 05101/2007 351.17 154.97 196.20 36,996.24 42 06/01/2007 351.17 154.15 197.02 36,799.22 43 07/01/2007 351.17 153,33 197.84 36,601.38 44 08/0112007 351.17 152.51 198.66 36,402.72 45 09101/2007 351.17 151.68 199.49 36,203.23 46 10/0112007. 351.17 150.85 200.32 36,002.91 47' 11/01/2007 351.17 150.01 201.16 35,801,75 48 12/0112007 351.17 149.17 202.00 35,599.75 2007 Totals 4,214.04 1,844.64 2,369.40 49 01/0112008 351.17 148.33 202.84 35,396.91 50 02101/2008 351.17 147.49 203.68 36,193.23 51 03101/2008 351.17 146.64 204.53 34,988.70 52 04101/2008 351.17 145.79 205.38 34,783.32 53 05101/2008 351.17 144.93 206.24 34,577.08 54 0610112008 351.17 144.07 207.10 34,369.98 55 07101/2008 351.17 14321 207,96 34,162.02 56 08101/2008 351.17 142.34 208.83 33,953.19 57 09/01/2008 351.17 141.47 209.70 33,743.49 58 10101/2008 351,17 140.60 210.57 33,532.92 59 11101/2008 351.17 139.72 211.45 33,321.47 60 1210112008 351.17 138.84 212.33 33,109.14 2008 Totals 4,214.04 1,723.43 2,490.61 61 01/0112009 351.17 137.95 213.22 32,895,92 62 02101/2009 351.17 137.07 214.10 32,681,82 63 03101/2009 351.17 136.17 215.00 32,466.82 64 04/01/2009 351.17 13528 215.89 32,250.93 65 05101/2009 351.17 134.38 216.79 32,034.14 66 06/0112009 351.17 133.48 217.69 31,816.45 67 07/01/2009 351.17 132.57 218.60 31,597.85 0 C) 10/20/2003 Page 3 Loan to John B. and Milagros Rivera Date Payment Interest Principal Balance 68 08/01/2D09 351.17 131.66 219.51 31,378.34 69 09/01/2009 351.17 130:74 220.43 31,157.91 70 10101/2009 351.17 129.82 22-1.35 30,936.56 71 11/01/2009 351.17 128.90 22227 30,714.29 72 12/01/2009 351.17 127.98 223.19 30,491.10 2009 Totals 4,214.04 1,596.00 2,618.04 73 01101/2010 351.17 127.05 224.12 30,266.98 74 02101/2010 351.17 126.11 225.06 30,041.92 75 03/01/2010 351.17 125.17 226.00 29,815.92 76 0410112010 351.17 124.23 226.94 29,588.98 77 05/01/2010 351.17 123.29 227.88 29,361.10 78 06101/2010 351.17 122.34 228.83 29,132.27 79 07/0112010 351.17 121.38 229.79 28,90248 80 08/01/2010 351.17 120.43 230.74 26,671.74 81 09/0112010 351.17 119.47 231.70 28,440.04 82 10/01/2010 351.17 118.50 232.67 28,207.37 83 11/0112010 351.17 117.53 233.84 27,973.73 84 1210112010 351.17 116.56 234.61 27,739.12 2010 Totals 4,214.04 1,462.06 2,751.98 85 01/0112011 351.17 115.58 235.59 27,503.53 86 0210112011 351.17 114.60 236.57 27,266.96 87 03/01/20t1 351.17 113.61 237.56 27,029.40 88 04/01/2011 351.17 112.62 238.55 26,790.85 89 05/0112011 351.17 111.63 239.54 26,551.31 90 06/0112011 351.17 110.63 240.54 26,310.77 91 07/01/2011 351.17 109.63 241.54 26,06923 92 08/01/2011 351.17 108.62 242.55 25,826.68 93 09101/2011 351.17 107.61 243.56 25,583.12 94 10101/2011 351.17 106.60 244.57 25,338.55 95 91101/2011 351.17 105.58 245.59 25,092.96 96 12101/2011 351.17 104.55 246.62 24,846.34 2011 Totals 4,214.04 1,321.26 2,892.78 97 01/01/2012 351.17 103.53 247.64 24,598.70 98 02101/2012 351.17 102.49 248.68 24,350.02 99 03/01/2012 351.17 101.46 249.71 24,100.31 100 04101/2012 351.17 100.42 250.75 23,849.56 101 0510112012 351.17 99.37 251.80 23,597.76 102 0610112012 351.17 98.32 25285 23,344.91 103 0710112012 351.17 9727 253.90 23,091.01 104 0810112012 351.17 96.21 254.96 22,836.05 105 09101/2012 351.17 95.15 256.02 22,580.03 106 10/01/2012 351.17 94.08 257.09 22,322.94 107 11/01/2012 351.17 93.01 258.16 22,064.78 108 12101/2012 351.17 91.94 259.23 21,805.55 2012 Totals 4,214.04 1,17326 3,040.79 ?J -s 10/20/2003 Page 4 loan to John B. and Milagros Rivera Date Payment Interest Pdnclpal Balance 109 01101/2013 351.17 90.86 260.31 21,545.24 110 02/01 /2013 351.17 89.77 261.40 21,283.84 111 0310112013 351,17 88.68 262.49 21,021.35 112 04/01/2013 351.17 87.59 263.58 20,757.77 113 05/01/2013 351.17 86.49 264.68 20,493.09 114 0610112013 351.17 85.39 265.78 20,227.31 115 07/01/2013 351.17 8428 266.89 19,960.42 116 08/0112013 351.17 83.17 268.00 19,692.42 117 09/01/2013 351.17 82.05 269.12 19,423.30 118 1010112013 351.17 80.93 270.24 19,153.06 11911101/2013 351.17 79.80 271.37 18,881.69 120 12101/2013 351.17 78.67 272.50 18,609.19 2013 Totals 4,214.04 1,017.68 3,196.36 121 01/01/2014 351.17 77.54 273.63 18,335.56 122 02/01/2014 351.17 76.40 274.77 18,060.79 123 03/0112014 351.17 75.25 275.92 17,784.87 124 0410112014 351.17 74.10 277.07 17,507.80 125 o510112014 351.17 72.95 278.22 17,229.58 126 06/01/2014 351.17 71.79 279.38 16,950.20 127 07101/2014 351.17 70.63 280.54 16,669.66 128 08/01/2014 35117 69.46 281.71 16,387.95 129 09101/2014 351.17 68.28 282.89 16,105.06 130 10/01/2014 351.17 67.10 284.07 15,820.99 131 11101/2014 351.17 65.92 285.25 15,535.74 1321210112014 351.17 64.73 286.44 15,249.30 2014 Totals 4,214.04 854.15 3,359.89 133 01101/2015 351.17 63.54 287.63 14,961.67 134 02/0112015 351.17 62.34 288.83 14,672.84 135 03/01 /2015 351.17 61.14 290.03 14,382.81 136 04/01/2015 351.17 59.93 291.24 14,091.57 137 05/0112015 351.17 58.71 292.46 13,799.11 138 06/01/2015 351.17 57.50 293.67 13,505.44 139 07/0112015 351.17 56.27 294.90 13,210.54 140 08101/2015 351.17 55.04 296.13 12,914.41 141 09/01/2015 351.17 53.81 297.36 12,617.05 142 10101/2015 351.17 52.57 298.60 12,318.45 143 11/0112015 351.17 51.33 299.84 12,018.61 144 12/0112015 351.17 50.08 301.09 11,717.52 2015 Totals 4,214.04 68226 3,531.78 145 0110112016 351.17 48.82 302.35 11,415.17 146 02/01/2016 351.17 47.56 303.61 11,111.56 147 0310112016 351.17 46.30 304.87 10,806.699 146 04/01/2016 351.17 45.03 306.14 10,500.55 149 06101/2016 351.17 43.75 307.42 10,193.13 150 0610112016 351.17 42.47 308.70 9,884.43 r CERTIFICATE OF SERVICE I, EDWARD L MURPHY, ESQUIRE, hereby certify that on February 14, 2008, the foregoing FIRST AMENDED COMPLAINT was served by First Class Mail, postage prepaid, properly addressed as follows: Elizabeth J. Saylor, Esquire Peter J. Russo, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 1791-fix BY: WDW . MURPHY, JR., ESQUIRE A . NO. 91814 AND MURPHY, LLP FLOOR, 240 NORTH THIRD STREET HARRISBURG, PA 17101 (717) 7244600 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that on August 5, 2008 I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: FIRST CLASS MAIL Edward J. Murphy, Jr. Esquire Milagros Lozado Rivera Kelley and Murphy, LLP 8103 S. Palm Drive 8t' Floor Apt. 120 240 North Third Street Pembroke Pines, FL 33025 Harrisburg, PA 17101 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: OL? 06 0 P C, 0-1? 0 Ashley R ipe, Paralegal -?- _;? - ?-,,. r? _.? ?, - F.._, ' --? LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant TO: MILAGROS LOZADA RIVERA DATE OF NOTICE: August 26, 2008 CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 lq Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Defendant 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashley I Sipe, aralegal I hereby certify that on l? ?' (oACCb I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: FIRST CLASS MAIL Edward J. Murphy, Jr. Esquire Milagros Lozado Rivera Kelley and Murphy, LLP 8103 S. Palm Drive 8t' Floor Apt. 120 240 North Third Street Pembroke Pines, FL 33025 Harrisburg, PA 17101 C") +v CQ ; ? aCa" ?u r- LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. . John B. Rivera, Defendant V. . Milagros Lozada Rivera . Defendant . CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Please enter a judgment of default in favor of defendant John B. Rivera against defendant Milagros Lozado Rivera for her failure to plead to the cross complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the Writ to Join Defendant via Process Server on July 10, 2008. A complaint was filed and mailed to Defendant Milagros Lozado Rivera on August 5, 2008, with an answer due on or before August 25, 2008. Attached as Exhibit "A" is a copy of Plaintiffs' Written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the defendant at her last known address and to his or her attorney of record, if any, on August 27, 2008, which is at least 10 days prior to the filing of this Praecipe. Please assess damages in the amount equal to any judgment entered in favor of Plaintiff and against Defendant, John B. Rivera. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Date: By: Elizabeth J. Saylor, Esquire Attorney ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Exhibit A LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme CourtID: 200139. 5006 E. Trindle Road, Suite 100 '-Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera h? ° S.'a Tl r-rz r I ? r.l r` C1; ^G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, CIVIL ACTION Plaintiff NO. 07-7760 v. John B. Rivera, Defendant : V. Milagros Lozada' Rivera TRIAL BY JURY DEMANDED Defendant . TO: MILAGROS LOZADA RIVERA DATE OF NOTICE: August-.26, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST .YOU WITHOUT ,A HEARING AND :YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. .. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 PEE. Cumberland County Bar Association 32 South Bedf6rd Street Carlisle; PA 17013 717-249-3166 THE LAW OFFICE OF PETER J. RUSSO, P.C. 'Peter J. Russo, Esquire Attorney I.D. No. 72897 . , "-j Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for. Defendant 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717)591-1755 Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that on I have served a true and correct copy of the foregoing document upon the following pefsons, in the manner indicated: FIRST CLASS MAIL Edward J. Murphy, Jr. Esquire Milagros Lozado Rivera Kelley and Murphy, LLP 8103 S. Palm Drive 8'h Floor Apt. 120 240 North Third Street Pembroke Pines, FL 33025 Harrisburg, PA 17101 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashley R. Sipe, aralegal LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff CIVIL ACTION NO. 07-7760 vi. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the Praecipe for Entry of Default Judgment upon the person(s) and in the manner indicated below: FIRST CLASS MAIL Edward J. Murphy, Jr. Esquire Kelley and Murphy, LLP 8th Floor 240 North Third Street Harrisburg, PA 17101 Date: 911 a' I Lt) Milagros Lozado Rivera 8103 S. Palm Drive Apt. 120 Pembroke Pines, FL 33025 Ashley 7pe, Pa alegal w C LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED DEFENDANT JUAN D. RIVERA'S EMERGENCY PETITION FOR A PROTECTIVE ORDER Juan D. Rivera (hereinafter "Defendant"), by and through his attorneys the Law Offices of Peter J. Russo, P.C., files the following Emergency Petition for a Protective Order: 1. This is a contract/promissory estoppel action. 2. In summary, Plaintiffs allege that in 2002 they loaned Defendant a sum of money to pay off outstanding debts. 3. In summary, Defendant alleges that Plaintiffs, who were close friends and millionaires, gifted him and his then wife, defendant Milagros Lozada Rivera, a sum of money to pay off outstanding debts. 4. On or about July 24, 2008, Counsel for Plaintiffs served Defendant with Plaintiffs Edgar and Lillian Rios' First Set of Interrogatories Directed to Defendant Juan D. Rivera (Interrogatories) and Plaintiffs Edgar and Lillian Rios' First Set of Requests for Production of Documents Directed to Defendant Juan D. Rivera (Production of Documents). 5. On or about September 22, 2008, having been kindly granted an extension by Counsel for Plaintiffs, Defendant served upon Plaintiffs, Defendant Juan D. Rivera's Answers to Plaintiffs Edgar and Lillian Rios' First Set of Interrogatories (Answers to Interrogatories). A copy of the Answers to Interrogatories is attached hereto and incorporated herein as Exhibit A. 6. On or about September 22, 2008, having been kindly granted an extension by Counsel for Plaintiffs, Defendant served upon Plaintiffs, Defendant Juan D. Rivera's Answers to Plaintiffs Edgar and Lillian Rios' First Set of Request for Production of Documents (Answers to Request for Production of Documents). A copy of the Answers to Request for Production of Documents is attached hereto and incorporated herein as Exhibit B. 7. In the Interrogatories, questions 13 through 17, 23 and 24, Plaintiffs ask for extensive information related to Defendant's finances from 2002 until present. 8. In the Production of Documents, questions 4, 5, 12, 16, 19 through 21, 24, 25 and 27, Plaintiffs ask for all information related to debts and assets, including copies of titles, deeds, and child support and/or alimony payments. 9. In response Defendant objects to said requests, and without waiving said objections, further provides that Defendant did not report the alleged loan as a gift on any income tax filings, states his earnings for 2002, and provides 2002 W2 Wage and Tax Statement. 10. After receiving Defendant's objections to the discovery requests, Plaintiffs did not file a motion to compel a response from Defendant to Plaintiffs' discovery requests. 11. Plaintiffs' counsel later requested the deposition of Defendant. 12. In response, Defendant's counsel sought an agreement of counsel to limit the scope of Defendant's deposition to exclude any questions pertaining to Defendant's personal financial information. 13. Plaintiffs' counsel did not agree to limit the scope of Defendant's deposition. 14. Defendant believes that the information requested, much of which is confidential, is not relevant to the subject matter, and is sought prematurely, in bad faith by the Plaintiffs to cause unreasonable annoyance, embarrassment, burden and expense to the Defendant. 15. Defendant believes that the information requested is not likely to lead to the discovery of admissible, relevant evidence to aid Plaintiffs in proving the existence of a loan and is therefore not relevant to the subject matter of this action. 16. Plaintiffs' discovery requests are more akin to post judgment discovery requests in aid of execution and should therefore be prohibited at this time. 17. Alternatively, Plaintiffs' discovery requests are also akin to the request for discovery of financial information where punitive damages are claimed and should therefore be prohibited at this time. 18. Plaintiffs are represented and counsel did not concur with our relief requested in this Petition. 19. The Honorable Judge M. L. Ebert, Jr. has entered a previous Order in this matter on May 13, 2008, Overruling Defendant's Preliminary Objections. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire ID No. 72897 -Elizabeth J. Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: 717-591-1755; Fx: 717-591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Defendant Juan D. Rivera's Emergency Petition for a Protective Order upon the person(s) and in the manner indicated below: US Mail addressed as follows: John A. Kane, Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs 0 & a &LW Amber L. Southard, Paralegal Date: 1 1125 IC6 ?? ` : ..-, _ _. ? ;-, _ f' -Y'7 ? •, v .,.. ?:.' f. ) i.: .., EDGAR G. RIOS and IN THE COURT OF COMMON PLEAS OF LILIAN RIOS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. JOHN B. RIVERA V. MILAGROS LOZADA RIVERA NO. 07-7760 CIVIL IN RE: PETITION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 4th day of December, 2008, upon consideration of the Defendant Juan Rivera's Petition for a Protective Order, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiffs to show cause why the relief requested should not be granted; 2. The Plaintiffs will file an answer on or before December 29, 2008; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A status conference with counsel shall be held on Wednesday, February 4, 2009, at 3:00 p.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. /John Kane, Esquire Attorney for Plaintiffs ,/'Elizabeth Saylor, Esquire Attorney for Defendant Juan Rivera bas By the Court, ?k -? ?-XA\ M. L. Ebert, Jr., J. 1-6a1 ss m.= tLIC1,? I tx V14VA1IASINN C S :Z Nd ? - 330 BPOZ AdViONQ-ri L-6d 3Hi D- t_?-(MH - 1 KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. ATTY I.D. NO.: 91814 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive . McLean, VA 22101 Plaintiffs, NO. 07-7760 CIVIL ACTION - LAW V. JUAN D. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 . Defendant Plaintiffs Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust ("Plaintiffs"), by and through their undersigned counsel, hereby answer Defendant Juan D. Rivera's Emergency Petition for a Protective Order and aver as follows: ANSWER TO EMERGENCY PETITION FOR A PROTECTIVE ORDER 1. Admitted. 2. Denied. Plaintiffs did in fact loan Defendant over forty thousand ($40,000.00) dollars at Defendant's request to pay off debts. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. In Interrogatory Nos. 13 through 17, 23 and 24, Plaintiffs seek relevant and responsive information all of which is discoverable. See Exhibit A attached hereto. Denied. In Request for Production Nos. 4, 5, 12, 16, 19 through 21, 24 and 27, Plaintiffs seek relevant and responsive information all of which is discoverable. See Exhibit B attached hereto. 9. Admitted in part; denied in part. It is admitted that Defendant objected to Plaintiffs' discovery requests and failed to report the loan as a gift as the money was not a gift and Defendant agreed to pay it back. The remaining allegations contained in this paragraph are specifically denied. 10. Admitted in part; denied in part. It is admitted that Plaintiffs' counsel did not file a motion to compel as Plaintiffs' counsel attempted first to resolve the matter without the Court's intervention. The remaining allegations contained in this paragraph are specifically denied. 11. Admitted. 12. Denied. In response to Plaintiffs' request for a deposition, Defendant's counsel averred that Defendant could unilaterally limit the scope of his deposition in violation of the Pennsylvania Rules of Civil Procedure. See Exhibits C, D and E attached hereto. 13. Denied. In response to Plaintiffs' request for a deposition, Defendant's counsel averred that Defendant could unilaterally limit the scope of his deposition in violation of the Pennsylvania Rules of Civil Procedure. See Exhibits C, D and E attached hereto. 14. Denied. The information is not confidential nor is it sought in bad faith. Further, Plaintiffs' counsel would be willing to enter into a mutually acceptable confidentiality agreement so as to protect the financial information Defendant seeks to protect and would be willing to mark portions of Defendant's deposition as confidential in order to protect the alleged sensitive nature of the information sought through discovery. 2 15. Denied. The information is not confidential nor is it sought in bad faith. Further, Plaintiffs' counsel would be willing to enter into a mutually acceptable confidentiality agreement so as to protect the financial information Defendant seeks to protect and would be willing to mark portions of Defendant's deposition as confidential in order to protect the alleged sensitive nature of the information sought through discovery. 16. Denied. 17. Denied. 18. Admitted. 19. Admitted. Wherefore, Plaintiffs request that the Court deny Defendant's Emergency Motion for a Protective Order and direct that Defendant provide full and complete answers to Plaintiffs' First Set of Interrogatories Nos. 13, 14, 15, 16, 17, 23 and 24 and Requests for Production Nos. 4, 5, 12, 16, 19, 20, 21, 24 and 27. Date: December 23, 2008 By; ane, Esquire ey I.D. No. 24759 Edward J. Murphy, Jr., Esquire Attorney I.D. No. 91814 Kelley and Murphy, LLP 240 North Third Street, 8`" Floor Harrisburg, PA 17101 (717) 724-4600 (717) 724-4690 facsimile Counsel for Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust 3 EDGAR G. RIOS AND LILLIAN RIOS 658 Live Oak Drive McLean, VA 22101 Plaintiffs V. JUAN D. RIVERA 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-7760 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS EDGAR AND LILLAN BIOS' FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT JUAN D. RIVERA Plaintiff Edgar and Lillian Rios ("Plaintiffs"), propound the following interrogatories on Juan D. Rivera ("Defendant"), which Defendant must answer under oath within thirty (30) days after service. You are requested to produce the documents responsive to these interrogatories for inspection and copying at the office of Kelley & Murphy, 240 North Third Street, Eighth Floor, Harrisburg, Pennsylvania 17101. DEFINITIONS AND INSTRUCTIONS As used herein, the following terms shall have the meanings indicated below: A. The term "Plaintiffs," refers to Edgar and Lillian Rios and/or any person or persons acting or purporting to act in any manner on its behalf. B. The terms "Defendant" "you" and "your" refer to Juan D. Rivera, and/or any person or persons acting or purporting to act in any manner on his behalf. C. "Documents", as used herein, shall mean any tangible thing upon which information is or has been stored, recorded or communicated in the custody or control or possession of defendant or which defendant has knowledge, including and without limitation, letters, correspondence, electronic mail, invoices, contracts, agreements, purchase orders, memoranda, tapes, stenographic and handwritten notes, microfilm, bulletins, circulars, pamphlets, studies, reports, notices, diaries, summaries, books, messages, instructions, pictures, film, graphs, statistical compilations, magnetic discs, records and tapes and other media, computer cards, tapes, printouts, reports and other machine-readable records and data, sound recordings, and every draft or copy of a document which is not identical to the original or which draft or copy contains any commentary or notation whatsoever that does appear on the original. D. "Person", as used herein, shall mean a natural person or an artificial person, including partnerships, corporations, proprietorships, unincorporated associations, governmental bodies or any other legal cognizable entities. E. "Date", as used herein, shall mean the exact day month and year, if known to defendant, or if the exact date is not know, the best available approximation. F. "Identify", as used herein, refers to: 1. To describe the document sufficiently well to enable the interrogator to know what the document is and retrieve it from a file or wherever it may be located; 2. To describe in a manner suitable for use as a description in a subpoena; 3. To give the name, address, position, or title of the person(s) who has (have) custody of the document and/or copies thereof; 4. The words "you", "your", "plaintiff', or "insurer" are used herein to indicate plaintiff and the person responding to the Request for Production of Documents. 2 If any document, writing or thing requested is not produced because of a claim of privilege identify that document, writing or thing and identify the privilege you are asserting with reference thereto. INTERROGATORIES State each and every fact that supports your contention in paragraph 5 of your Answer and New Matter that Plaintiffs gifted you money rather than loaning it to you. ANSWER: 2. Identify the substance of each and every communication you made to, or received from, Plaintiffs that refer or relate to the subject matter of the Complaint and/or the damages you claim to be entitled to. ANSWER: 3. Identify each person who may possess knowledge or information that is relevant to any claim in defense of this matter. ANSWER: 4. State each and every fact that supports your claim that you did not ask Plaintiffs for a loan to repay accumulated debts. ANSWER: 3 5. State each and every fact that supports your claim that Plaintiffs gifted you money in the amount of forty-two thousand, five hundred ($42,500) dollars. ANSWER: 6. State whether Plaintiffs ever sent you a promissory note. ANSWER: 7. State whether you ever discussed a repayment schedule for the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. ANSWER: 8. State whether you received and/or accepted forty-two thousand, five hundred ($42,500) dollars from Plaintiffs. ANSWER: 9. State each and every reason why you accepted forty-two thousand, five hundred ($42,500) dollars from Plaintiffs. ANSWER: 4 10. Provide a detailed accounting for the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs listing how you spent each dollar, what it was used for, any interest that you earned on it and/or how it was reflected on your tax returns. ANSWER: 11. State whether you used any of the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs to pay off accumulated debts. ANSWER: 12. State whether Plaintiffs ever provided you with a copy of a promissory note regarding the forty-two thousand, five hundred ($42,500) dollars you received from them. ANSWER: 13. Identify each and every financial consultant, tax preparer, accountant, CPA and/or financial planner you have discussed your finances and/or consulted with from 2002 until the present. ANSWER: 5 14. For each person identified in response to the previous interrogatory, state whether you hired them with regard to your financial dealings. ANSWER: 15. From January 1, 2002 to the present, identify who has completed your federal, state and local income tax returns. ANSWER: 16. Identify each and every financial consultant, tax preparer, accountant, CPA and/or financial planner that you disclosed that Plaintiffs' provided you with a "gift" in the amount of forty-two thousand, five hundred ($42,500) dollars you received from them. ANSWER: 17. Identify each and every document that refers or relates to your finances that you provided to any and all financial planners, tax preparers, accountants and/or CPA's from 2002 until the present. ANSWER: 6 18. For each person whom you know or believe has knowledge or information referring or relating to any of your claims and allegations in the Complaint, identify each such person and describe in detail that individual's knowledge or information. ANSWER: 19. Identify the name and address of each person whom you have retained, or intend to retain, as an expert in this matter. Separately for each such expert provide the following information: describe in detail the substance of the facts and opinions to which each such expert is expected to testify and the grounds for each such opinion; and describe in detail all prior retentions, relationships, dealings, and transactions between each such expert and/or you, and/or your attorneys, if any. ANSWER: 20. Identify all correspondence, memoranda or other documents between you and Plaintiffs concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case, and provide copies of all such documents. ANSWER: 7 21. Identify all tape recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things, and materials that you have which reflect, relate to, or concern your claims, allegations or defenses you have made, will make or were made against you in this case, and provide copies of all such documents, things, and materials. ANSWER: 22. Has any person given a statement or factual information, oral or written (herein "statement(s)") to you or to your attorney about this case, and, if so, identify the person who gave each such statement(s); identify to whom the statement(s) was given, the date the statement(s) was given, and who was present when this statement(s) was given; and summarize the information in each such statement(s). ANSWER: 23. With respect to any employment or self-employment you hold or have held since January 1, 2002, set forth the following: (a) each position held, including the name and address of the employer; (b) the date of commencement of each such position; and, (c) the wages, salary and fringe benefits of each such position. ANSWER: 8 24, Describe all monetary benefits, including but not limited to wages and salary, unemployment benefits, disability, retirement, social security, and workers' compensation, that you received or were entitled to receive since January 1, 2002, including the type and amount of each benefit, the dates you received the benefit, and identify all documents that relate to such benefits. ANSWER: 25. State each and every fact upon which you rely on as the basis for each and every defense asserted in your Answer and New Matter to Plaintiffs' Amended Complaint. ANSWER: 26. Identify any and all persons you intend to call as witnesses at the time of trial. ANSWER: 27. Identify each expert witness that you plan to have testify on your behalf at the time of trial, and state with respect to each expert witness the name, address and special qualifications of the expert, including, specifically, his/her educational background, academic, professional and vocational background, including the name and address of each such expert's present employer, a job description of each such expert's duties and responsibilities, the job title for that individual, the length of time that each such expert has held that particular position 9 described, list of all published articles or treatises authored by each expert witness including the title of the article, the publication in which it appeared and the date of publication. ANSWER: 28. State the substance of the facts and opinions to which each such expert is expected to testify on your behalf and summarize the grounds upon which each such opinion is based which you expect your expert to offer testimony; and state whether the facts and opinions listed above are contained in a written report, memorandum, or other transcript, and if so, describe the identity of any such document including the name, address, and job title of the present custodian of all such documents. ANSWER: 29. State the name and address of each person who supplied information for the answers of these interrogatories and the specific interrogatory numbers for which they provided such information. ANSWER: 30. State whether you ever promised to repay Plaintiffs the forty-two thousand, five hundred ($42,500) dollars you received from them. If your response is in the negative, state each and every fact that supports your contention. ANSWER: 10 KELLEY & MURPHY Attorneys At aw B Edward J. By, Jr., Esquire Kelle urphy, LLP ?- 240 North 3rd Street, 8th Floor Harrisburg, PA 17101 (717) 724-4600 Attorney for Plaintiffs Date: July 24, 2008 11 CERTIFICATE OF SERVICE I, Edward J. Murphy, Jr., Esquire, do hereby certify that a true and correct copy of the forgoing was mailed via First-Class mail, postage prepaid this 24th day of July, 2008, to the below listed party. Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 BY: Edward J. M hy, Jr., Esquire Kelley & . rphy, LLP orth 3rd Street, 8 h Floor Harrisburg, PA 17101 (717) 724-4600 Attorney for Plaintiffs 3 1 EDGAR G. RIOS AND LILLIAN RIOS 658 Live Oak Drive McLean, VA 22101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-7760 CIVIL ACTION - LAW Plaintiffs V. JUAN D. RIVERA 2032 Harvest Drive Mechanicsburg, PA 17055 JURY TRIAL DEMANDED Defendant PLAINTIFFS EDGAR AND LILLAN RIOS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT JUAN D. RIVERA Plaintiff Edgar and Lillian Rios ("Plaintiffs"), propound the following interrogatories on Juan D. Rivera ("Defendant"), which Defendant must answer under oath within thirty (30) days after service. You are requested to produce the documents responsive to these interrogatories for inspection and copying at the office of Kelley & Murphy, 240 North Third Street, Eighth Floor, Harrisburg, Pennsylvania 17101. DEFINITIONS AND INSTRUCTIONS As used herein, the following terms shall have the meanings indicated below: A. The term "Plaintiffs," refers to Edgar and Lillian Rios and/or any person or persons acting or purporting to act in any manner on its behalf. B. The terms "Defendant" "you" and "your" refer to Juan D. Rivera, and/or any person or persons acting or purporting to act in any manner on his behalf. C. "Documents", as used herein, shall mean any tangible thing upon which information is or has been stored, recorded or communicated in the custody or control or possession of defendant or which defendant has knowledge, including and without limitation, letters, correspondence, electronic mail, invoices, contracts, agreements, purchase orders, memoranda, tapes, stenographic and handwritten notes, microfilm, bulletins, circulars, pamphlets, studies, reports, notices, diaries, summaries, books, messages, instructions, pictures, film, graphs, statistical compilations, magnetic discs, records and tapes and other media, computer cards, tapes, printouts, reports and other machine-readable records and data, sound recordings, and every draft or copy of a document which is not identical to the original or which draft or copy contains any commentary or notation whatsoever that does appear on the original. D. "Person", as used herein, shall mean a natural person or an artificial person, including partnerships, corporations, proprietorships, unincorporated associations, governmental bodies or any other legal cognizable entities. E. "Date", as used herein, shall mean the exact day month and year, if known to defendant, or if the exact date is not know, the best available approximation. F. "Identify", as used herein, refers to: 1. To describe the document sufficiently well to enable the interrogator to know what the document is and retrieve it from a file or wherever it may be located; 2. To describe in a manner suitable for use as a description in a subpoena; 3. To give the name, address, position, or title of the person(s) who has (have) custody of the document and/or copies thereof, 2 4. The words "you", "your", "plaintiff', or "insurer" are used herein to indicate plaintiff and the person responding to the Request for Production of Documents. If any document, writing or thing requested is not produced because of a claim of privilege identify that document, writing or thing and identify the privilege you are asserting with reference thereto. REQUESTS FOR PRODUCTION OF DOCUMENTS 1. All documents that refer or relate to Plaintiffs. ANSWER: 2. All documents that refer or relate to the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. ANSWER: 3. Any correspondence, data, memoranda and/or documents that refer to the gift referenced in paragraph 5 of your Answer and New Matter. ANSWER: 4. All documents that refer or relate to any of your debts and/or financial obligations from January 1, 2002 until the present. 3 ANSWER: 5. All financial reports, records, bank statements, credit card statements, tax records, and/or W-2's from 2002 to the present. ANSWER: 6. All non-privileged correspondence that refers or relates to the facts set forth in the Complaint and/or your Answer and New Matter. ANSWER: 7. All documents that refer or relate to the Exhibits attached to the Amended Complaint. ANSWER: 8. All documents that support your claim that you did not agree to pay back Plaintiffs the forty two thousand, five hundred ($42,500) dollars you received from them. ANSWER: 4 9. All documents that support your claim that you never promised to repay Plaintiffs the forty-two thousand, five hundred ($42,500) dollars you received from them. ANSWER: 10. All documents that refer or relate to any payments you made with regard to the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. ANSWER: 11. All documents that refer or relate to any debts, loans, financial obligations, tuition payments, credit card bills and/or payments you made with the forty-two thousand, five hundred dollars you received from Plaintiffs. ANSWER: 12. All documents that refer or relate to all monetary benefits, including but not limited to wages and salary, unemployment benefits, disability, retirement, social security, and workers' compensation, that you received or were entitled to receive since January 1, 2002, including the type and amount of each benefit, the dates you received the benefit, and identify all documents that relate to such benefits. ANSWER: 5 13. Each and every document, item, material and thing identified in your responses to Plaintiffs' First Set of Interrogatories Addressed to Defendant. ANSWER: 14. All documents that you maintained as personal records, notes and/or diaries, including documentation, e-mails, writings, and video or audio tape recordings, of communications, conversations, and/or discussions with Plaintiffs evidencing, supporting, refuting, referring or relating in any way to your defenses to this matter. ANSWER: 15. All reports, correspondence, and other documents that any expert(s) identified in your response to Plaintiffs Interrogatories have prepared, relied on, produced, utilized, referred to, transmitted, or communicated in connection with this matter, including all drafts of reports, correspondence and other documents, including all mark-ups of each. ANSWER: 16. Your tax returns (Federal, State and local) for the years 2002 through the present, including all W-2 and 1099 Forms and all schedules to the tax returns. ANSWER: 6 17. All correspondence, memoranda or other documents between you and Plaintiffs concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case. ANSWER: 18. All tape recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things, and materials that you have which reflect, relate to, or concern your claims, allegations or defenses you have made, will make or were made against you in this case. ANSWER: 19. All documents that refer or relate to your finances, debts, investments, stocks, bonds, CD's, IRA accounts and/or benefits that you provided to any and all financial planners, tax preparers, accountants and/or CPA's from 2002 until the present. ANSWER: 20. All documents that you provided to any and all financial planners, tax preparers, accountants and/or CPA's from 2002 until the present. 7 ANSWER: 21. All documents that you received from any and all financial planners, tax preparers, accountants and/or CPA's from 2002 until the present. ANSWER: 22. All promissory notes provided to you with regard to the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. ANSWER: 21 All electronic data, a-mails and/or metta-data that refers to relates to Plaintiffs, the forty two thousand, five hundred ($42,500) dollars you received from Plaintiffs and/or the financial obligations, debts, loans, tuition payments and/or credit card bills you paid off with the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. ANSWER: 23. The title(s) to any automobiles you currently own. ANSWER: 8 24. A copy of the deed to your home. ANSWER: 25. Any and all documents that refer or relate to any bankruptcy filings you made from 2002 to the present. ANSWER: 26. All documents that refer or relate to any child support and/or alimony payments you made or received from January 1, 2002 until the present. ANSWER: KELLEY & MURPHY Attorneys At Law BY: E war J. hy, Jr., Esquire Kelley A-Murphy, LLP 240 North rd Street, 8d' Floor Harrisburg, PA 17101 (717) 724-4600 Attorney for Plaintiffs Date: July 24, 2008 9 CERTIFICATE OF SERVICE I, Edward J. Murphy, Jr., Esquire, do hereby certify that a true and correct copy of the forgoing was mailed via first-class mail, postage prepaid this 24th day of July, 2008, to the below listed party. Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 BY: E and J. urphy, Jr., Esquire 1 Murphy, LLP 240 North 3`d Street, 8th Floor Harrisburg, PA 17101 (717) 724-4600 Attorney for Plaintiffs October 31, 2008 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 RE: Edgar G. and Lillian Rios v. John B. Rivera CCP Cumberland County Civil Action No. 07-7760 Our File No. 3722 Dear Ms. Saylor: I am writing in response to your October 30, 2008 letter written in response to my letter of October 23, 2008. I would request that you please file a Motion for Protective Order regarding those issues you believe are outside the scope of discovery. That way, the Court can arbitrate whether it is appropriate for you to direct your client not to respond to my questioning during his deposition. Also, please provide me with dates in January for your client's deposition. If you should have any questions with regards to the above, please feel free to contact me. Sincerely yours, EDWARD J. MURPHY, JR. EJMJR/lp cc: Edgar G. Rios, Esquire John A. Kane, Esquire r _ • PETER ). RUSSO, ESQUIRE ASHLEY R. SIPE, PARALEGAL 1 LAW OFFICES OF PETER J.RUSSOP.c. ATTORNEYS AT LAW Thursday, October 30, 2008 Edward J. Murphy, Jr., Esquire Kelley & Murphy, LLP 240 North Third. Street, Eighth Floor Harrisburg, PA 17101 RE: Rios v. Rivera, No. 07-7760 Dear Attorney Murphy, ELIZABETH J. SAYLOR, ESQUIRE AMBER L. SOUTHARD, PARALEGAL VIA US MAIL I am writing in response to your letter dated October 23, 2008. While I am amenable to scheduling a deposition and to discuss my objections set forth in the Interrogatories and Request for Production of Documents, please note that I will direct my client not to respond and object if the same or similar questions are posed at the deposition. As a result, if at the deposition you intend on asking the same or similar questions to which I objected to in my written discovery responses, please notify me at your earliest convenience as I feel that it is best to put said disputed questions before the Court prior to the deposition taking place. I look forward to hearing from you. Should you have any questions or concerns please feel free to contact me at extension 104. Truly, Elizabeth J. Say r, Esquire EJS!als cc: Juan Rivera 5006 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 It 4 October 23, 2008 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 RE: Edgar G. and Lillian Rios v. John B. Rivera CCP Cumberland County Civil Action No. 07-7760 Our File No. 3722 Dear Ms. Saylor: I am writing with regard to the above-referenced matter and in response to Defendant's answers to Plaintiffs' discovery requests. I note there were various Interrogatories and Requests for Production that you lodged objections to. Rather than spending the time going back and forth writing letters, I would propose that we reserve some time to discuss the same. If you are amenable, please let me know as I would like to depose your client within the next two months. I look forward to your response. Sincerely yours, EDWARD J. MURPHY, JR. EJMJR/lp cc: Edgar G. Rios, Esquire John A. Kane, Esquire • w CERTIFICATE OF SERVICE I, EDWARD J. MURPHY, JR., ESQUIRE, hereby certify that on December 23, 2008, the foregoing ANSWER TO EMERGENCY PETITION FOR A PROTECTIVE ORDER was served by First Class Mail, postage prepaid, properly addressed as follows: Elizabeth J. Saylor, Esquire Peter J. Russo, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 BY: Edw . Murphy, Jr., Esquire Atty. I.D. No. 91814 KELLEY AND MURPHY, LLP 240 North Third Street, 8cn Floor Harrisburg, PA 17101 (717) 724-4600 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera TO THE PROTHONOTARY: CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED PRAECIPE Kindly file the attached document, entitled: AMENDED EXHIBITS TO DEFENDANT JUAN D. RIVERA'S EMERGENCY PETITION FOR A PROTECTIVE ORDER As Exhibits A and B were not included in the original petition. submitted, LAW OFFICES OP-PETER-J. RUSSO, P.C. Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: 717-591-1755; Fx: 717-591-1756 /' ^ EXHIBIT A LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant , V. Milagros Lozada Rivera Defendant , CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED DEFENDANT JUAN D. RIVERA'S ANSWERS TO PLAINTIFFS EDGAR AND LILIAN RIOS' FIRST SET OF INTERROGATORIES Defendant, Juan D. Rivera, "Rivera" or "Answering Defendant", by and through his undersigned counsel, Law Offices of Peter J. Russo, P.C., hereby asserts the following answers to Plaintiffs Edgar and Lillian Rios' First Set of Interrogatories, as follows. Rivera reserves the right to supplement the answers provided herein as information responsive to the discovery request becomes available. RESPONSES TO PLAINTIFFS' INTERROGATORIES 1) State each and every fact that supports your contention in paragraph 5 of your Answer and New Matter that Plaintiffs gifted you money rather than loaning it to you. 1. ft Plaintiffs and Defendants were close friends. Defendants were struggling financially. Plaintiffs explained that they wanted to make life easier for Defendant Milagros Lozada Rivera and Answering Defendant. Milagros Lozzada Rivera informed Plaintiffs that her and Answering Defendant's lives could be made easier if they paid Defendants' bills. Answering Defendant informed Milagros Lozada Rivera that if the money was a loan, he did not want it because they would never be able to pay it back. Defendant Milagros Lozada Rivera assured Answering Defendant that it was a gift. It was further believed that Plaintiffs, having a very high net worth, were in a position financially to provide such a gift. Answering Defendant has thanked Plaintiffs many times for the gift. The amount of the gift was not addressed or brought up by any party as an outstanding debt in the divorce agreement between Answering Defendant and Defendant Milagros Lozada Rivera. Re- payment was not mentioned to Answering Defendant by anyone until 2007. By way of further response, Answering Defendant incorporates herein anything contained in and /or attached to the pleadings and discovery submissions. 2) Identify the substance of each and every communication you made to, or received from, Plaintiffs that refer or relate to the subject matter of the Complaint and/or the damages you claim to be entitled to. The only communications in this regard include that set forth in the answer to interrogatory 1, as well as anything contained in and /or attached to the pleadings and discovery submissions. 3) Identify each person who may possess knowledge or information that is relevant to any claim in defense of this matter. The parties hereto, Jenny Georghalli, George Georghalli, and/or Constance Rivera. 4) State each and every fact that supports your claim that you did not ask Plaintiffs for a loan to repay accumulated debts. Please see answer to interrogatory 1 set forth above, as well as the information contained in and /or attached to the pleadings and discovery submissions. 5) State each and ever fact that supports your claim that Plaintiff's gifted you money in the amount of forty-two thousand, five hundred ($42,500) dollars. Please see answer to interrogatory 1 set forth above, as well as the information contained in and /or attached to the pleadings and discovery submissions. 6) State whether Plaintiffs ever sent you a promissory note. The only promissory note received by Plaintiff was sent by James M. Peppe, who is believed to have been previous counsel for Plaintiffs, on or about October 12, 2007. 7) State where you ever discussed a repayment schedule for the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. No repayment schedule was ever discussed with the Plaintiffs regarding their gift. 9 8) State whether you received and/or accepted forty-two thousand, five hundred ($42,500) dollars from Plaintiffs. Yes Please see answer to interrogatory I set forth above. By way of further response, on or about January 14, 2003, Answering Defendant did accept $42,500 from Plaintiffs in the form of a gift. 9) State each and every reason why you accepted forty-two thousand, five hundred ($42,500) dollars from Plaintiffs. Please see answer to interrogatory 1 set forth above, as well as the information contained in and /or attached to the pleadings and discovery submissions. 10) Provide a detailed accounting for the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs listing how much you spent each dollar, what is was used for, any interest that you earned on it and/or how it was reflected on your tax returns. See email dated January 9, 2003, which is attached to the pleadings and Answering Defendant's discovery. Said email contains a complete accounting of how Answering Defendant and Defendant Milagros Lozada Rivera spent Plaintiffs' gift. By way of further response, no interest was earned and it was not reflected on Answering Defendant's tax returns. 11) State whether you used any of the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs to pay off accumulated debts. Yes. All of the money gifted to Answering Defendant was used to payoff the debts of the Answering Defendant and Defendant Milagros Lozada Rivera as set forth in the email dated January 9, 2003, which is attached to the pleading and Answering Defendant's discovery. 12) State whether Plaintiffs ever provided you with a copy of a promissory note regarding the forty-two thousand, five hundred ($42,500) dollars you received from them. Please see answer to interrogatory 6 above. 13) Identify each and every financial consultant, tax preparer, accountant, CPA and/or financial planner you have discussed your finances and/or consulted with from 2002 until the present. Objection. The information sought by this interrogatory is not relevant to the subject matter of this alleged breach of contract action and is believed to be asked prematurely. 14) For each person identified in response to the previous interrogatory, state whether you hired them with regard to your financial dealings. Please see answer to interrogatory 13. 15) From January 1, 2002 to present, identify who has completed your federal state and local income tax return. Please see answer to interrogatory 13. 16) Identify each and every financial consultant, tax preparer, accountant, CPA and/or financial planner that you disclosed that Plaintiffs' provided you with a "gift" in the amount of forty-two thousand five hundred (42,500) dollars you received from them. Please see answer to interrogatory 13. While preserving Answering Defendant's objection, by way of further response no such information was disclosed to any such individuals/entities. 17) Identify each and every document that refers or relates to your finances that you provided to any and all financial planners, tax preparers, accountants and/or CPA's from 2002 until the present. Please see response to interrogatory 13. By way of further response and without waiving said objection, please see the documentation attached to Answering Defendant's discovery submissions. 18) For each person whom you know or believe has knowledge or information referring or relating to any of your claims and allegations in the Complaint, identify each such person and describe in detail that individual's knowledge or information. Objection. The information sought by this interrogatory that would require an unreasonable investigation to describe in detail the knowledge or information possessed by other individuals regarding this case. By way of further response, and without waiving said objection, the individuals that Answering Defendant believes may possess such knowledge or information include the parties hereto, Jenny Georghalli, George Georghalli, and/or Constance Rivera. When Jenny Gerghalli was asked about the details of her conversation with Milagros Lozada Rivera, she was unsure about the exact wording, but stated Milagros led her to believe that Plaintiffs gave Answering Defendant the money for afresh start. Constance Rivera informed Answering Defendant that he told her the money given to himself and Milagros from Plaintiffs was to help them pay off all of their debts, since Answering Defendant was out of work at the time. Constance Rivera asked Answering Defendant if he had to pay the money back and he responded no, that it was a gift. e 19) Identify the name and address of each person who you have retained, or intend to retain, as an expert in this matter. Separately for each such expert provide the following information: describe in detail the substance of the facts and opinions to which each such expert is expected to testify and the grounds for each such opinion; and describe in detail all prior retentions, relationships, dealings, and transactions between each such expert and/or your, and/or your attorneys, if any. There are none at this time. By way of further response, Answering Defendant reserves the right to supplement his answer to this request. 20) Identify all correspondence, memoranda or other documents between you and Plaintiffs concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case, and provide copies of all such documents. Please see answer to interrogatory I set forth above, as well as the information contained in and /or attached to the pleadings and discovery submissions. 21) Identify all tape recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things, and materials that you have which reflect, relate to, or concern your claims, allegations or defenses you have made, will make or were made against you in this case, and provide copies of all such documents, things, and materials. Please see answer to interrogatory I set forth above, as well as the information contained in and /or attached to the pleadings and discovery submissions. 22) Has any person given a statement or factual information, oral or written (herein "statement(s)") to your or to your attorney about this case, and, if so, identify the person who gave each such statement(s); identify to whom the statement(s) was given, the date the statement(s) was given, and who was present when this statement(s) was given; and summarize the information in each such statement(s). Objection. The information sought by this interrogatory is overly broad. By way of further response, and without waiving said objection, please see answer to interrogatory 1 set forth above, as well as the information contained in and /or attached to the pleadings and discovery submissions. 2 3) With respect to any employment or self-employment you hold or have held since January 1, 2002, set forth the following: a) each position held, including the name and address of the employer. b) The date of commencement of each position; and, c) The wages, salary and fringe benefits of each such position. Objection. The information sought by this interrogatory is not relevant to the subject matter of this alleged breach of contract action and is believed to be asked prematurely. Al' way of firrther response, and without waiving said objection, in 2002, Answering Defendant's Wage and Tax Statement report an earning of $28,684.55. 24) Describe all monetary benefits, including but not limited to wages and salary, unemployment benefits, disability, retirement, social security, and workers' compensation, that you received or were entitled to receive since January 1, 2002, including the type and amount of each benefit, the dates you received the benefit, and identify all documents that relate to such benefits. Please see answer to interrogatory 23 set forth above. 25) State each and every fact upon which you rely on as the basis for each and every defense asserted in you Answer and New Matter to Plaintiff's Amended Complaint. Please see answer to interrogatory I set forth above, as well as the information contained in and /or attached to the pleadings and discovery submissions. 26) Identify any and all persons you intend to call as witnesses at the time of trial. Answering Defendant, Jenny Georghalli, Geroge Georghalli, and/or Constance Rivera. By way of further response, Answering Defendant reserves the right to supplement his answer to this request. 27) Identify each expert witness that you plan to have testify on your behalf at the time of trial, and state with respect to each expert witness the name, address and special qualifications of the expert, including, specially, his/her educational background, academic, professional and vocational background, including the name and address of each such expert's present employer, a job description of each such expert's duties and responsibilities, the job title for that individual, the length of time that each such expert has held that particular position described, list of all published articles or treatises authored by each expert witness including the title of the article, the publication in which it appeared and the date of publication. Please see answer to interrogatory 19 set forth above. 28) State the substance of the facts and opinions to which each such expert is expected to testify on your behalf and summarize the grounds upon which each such opinion is based which you expect your expert to offer testimony; and state whether the facts and opinions listed above are contained in a written report, memorandum, or other transcript, and if so, describe the identity of any such document including the name, address, and job title of the present custodian of all such documents. 29) 30) Please see answer to interrogatory 19 set forth above. State the name and address of each person who supplied information for the answers of these interrogatories and the specific interrogatory numbers for which they provided such information. Objection. The information sought by this interrogatory is overly burdensome. By way of further response, and without waiving said objection Answering Defendant supplied the information for all interrogatories herein and agents of the Law Offices of Peter J. Russo, P.C. assisted in the preparation of his responses. State whether you have ever promised to repay Plaintiffs the forty-two thousand, five hundred ($42,500) dollars you received from them. If your response is in the negative, state each and every fact that supports your contention. Answering Defendant has never promised to repay Plaintiffs as said funds were provided as a gift. By way of further response, please see answer to interrogatory I set forth above, as well as the information contained in and /or attached to the pleadings and discovery submissions. Date: Respectfully submitted, Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED VERIFICATION I, Juan D. Rivera, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: r1 1 ?! f c r- L_ Ju D. Rivera LAW OFFICES OF PETER J. RUSSO, P.C. Bl': Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar C. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that on 110,R-- I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: FIRST CLASS MAIL Edward J. Murphy, Jr. Esquire Kelley and Murphy, LLP 8"' Floor 240 North Third Street Harrisburg, PA 17101 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: d t 4 ,?.1/ Ir?I (%t Amber L. Southard, Paralegal EXHIBIT B LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. TrindIe Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED DEFENDANT JUAN D. RIVERA'S ANSWERS TO PLAINTIFFS EDGAR AND LILIAN RIOS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS Defendant, Juan D. Rivera, "Rivera" or "Answering Defendant", by and through his undersigned counsel, Law Office of Peter J. Russo, P.C., hereby asserts the following answers to Plaintiffs Edgar and Lillian Rios' First Set of Requests for Production of Documents, as follows. Rivera reserves the right to supplement the answers provided herein as information responsive to the discovery request becomes available. RESPONSES TO PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS 1) All documents that refer or relate to Plaintiffs. See attached documents as well as any document contained in and /or attached to the pleadings and discovery submissions. 2) All documents that refer or relate to the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. See response to production of document I set forth above. 3) Any correspondence, data, memoranda and/or documents that refer to the gift reference in paragraph 5 of your Answer and New Matter. See response to production of document 1 set forth above. 4) All documents that refer or relate to any of your debts and/or financial obligations from January 1, 2002 until the present. Objection. The information sought by this interrogatory is not relevant to the subject matter of this alleged breach of contract action and is believed to be asked prematurely. By way of further response, and without waiving said objection, see response to production of document 1 set forth above. 5) All financial reports, records, bank statements, credit card statements, tax records, and/ or W-2's from 2002 to the present. Please see answer to production of document 4 set forth above. 6) All non-privileged correspondences that refers or relates to the facts set forth in the Complaint and/or your Answer and New Matter. See response to production of document 1 set forth above. 7) All documents that refer or relate to the Exhibits attached to the Amended Complaint. See response to production of document 1 set forth above. 8) All documents that support your claim that you did not agree to pay back Plaintiff's the forty-two thousand, five hundred (42,500) dollars you received from them. See response to production of document 1 set forth above. 9) All documents that support your claim that you never promised to repay Plaintiffs the forty-two thousand, five hundred ($42,500) dollars you received from them. See response to production of document 1 set forth above 10) All documents that refer or relate to any payments you made with regard to the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. See response to production of document 1 set forth above 11) All documents that refer or relate to any debts, loans, financial obligations, tuition payments, credit card bills and/or payments you made with the forty- two thousand, five hundred dollars you received from Plaintiffs. See response to production of document 1 set forth above. 12) All documents that refer or relate to all monetary benefits, including but not limited to wages and salary, unemployment benefits, disability, retirement, social security, and workers' compensation, that you received or were entitled to receive since January 1, 2002, including the type and amount of each benefit, the dates you received the benefit, and identify all documents that relate to such benefits. See response to production of document 4 set forth above. 13) Each and every document, item, material and thing identified in your responses to Plaintiffs First Set of Interrogatories Addressed to Defendant. See response to production of document 1 set forth above. 14) All documents that you maintained as personal records, notes and/or diaries, including documentation, e-mails, writings, and video or audio tape recordings, of communications, conversations, and/or discussions with Plaintiffs evidencing, support, refuting, referring or relating in any way to your defenses to this matter. See response to production of document I set forth above. 15) All reports, correspondence, and other documents that any expert(s) identified in your response to Plaintiffs Interrogatories have prepared, relied on, produced, utilized, referred to, transmitted, or communicated in connection with this matter, including all drafts of reports, correspondence and other documents, including all mark-ups of each. No such documents exist at this, time. By way of further response, Answering Defendant reserves the right supplement. 16) Your tax returns (Federal, State and local) for the years 2002 through the present, including all W-2 and 1099 Forms and all schedules to the tax returns. See response to production of document 4 set forth above. 17) All correspondence, memoranda or other documents between you and Plaintiffs concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case. See response to production of document 1 set forth above. 18) All tape recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things and materials that you have which reflect to, or concern your claims, allegations or defenses you have made, will make or were made against you in this case. See response to production of document 1 set forth above. 19) All documents that refer or relate to your finances, debts, investments, stocks, bonds, CD's, IRA accounts and/or benefits that you provided to any and all financial planners, tax preparers, accountants and/or CPA's from 2002 until the present. See response to production of document 4 set forth above. 20) AlI documents that you provided to any and all financial planners, tax preparers, accountants and/or CPA's from 2002 until the present. See response to production of document 4 set forth above. 21) All documents that you received from any an all financial planners, tax preparers, accountants and/or CPA's from 2002 until the present. Objection. The information sought by this interrogatory is not relevant to the subject matter of this alleged breach of contract action and is believed to be asked prematurely. 22) All promissory notes provide to you with regard to the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiff's See response to production of document 1 set forth above. 23) A11 electronic data, a-mails and/or metta-data that refers to relates to Plaintiffs, the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs and/or the financial obligations, debts, loans, tuition payments and/or credit bills you paid off with the forty-two thousand, five hundred ($42,500) dollars you received from Plaintiffs. See response to production of document I set forth above. 24) The title(s) to any automobiles you currently own. See response to production of document 21 set forth above. 25) A copy of the deed to your home. See response to production of document 21 set forth above. 26) Any and all documents that refer or relate to any bankruptcy filings you made. No such documents exist. 27) All documents that refer to any child support and/or alimony payments you made or received from January 1, 2002 until the present. See response to production of document 21 set forth above. -cf Date: 7-01V Respectfully submitted, Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED VERIFICATION I, Juan D. Rivera, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: 9 I ?? LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that on 12-??- I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: FIRST CLASS MAIL Edward J. Murphy, Jr. Esquire Kelley and Murphy, LLP 8'h Floor 240 North Third Street Harrisburg, PA 17101 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY:I a ,_,? ?Vt 11?? Amber L. Southard, Paralegal a Control number b foyer identification number c address, and ZIP code Computer Applications Unlimited 6360 Flank Drive-Ste 100 Harrisburg, PA 17112 USA d Employee's social security number e e and initial Last name John D Rivera OMB No. 1545-0008 Ihis information is being fumished to are required to file a tax return, a negl the Internal Revenue Service. If you igence penalty or other sanction ma be imposed on you if this income is ta y xable and ou fail to re ort it. 1 Wages, tips, other Compensation 2 Federal income tax withheld - 68 4 3 Social security wages 4 Social security tax withheld 5 Medicare wages and tips 6 Medicare tax withheld 4 15 13 ! 7 Social security ups . 1 8 Allocated tips 9 Advance EIC payment 10 Dependent care benefits 11 Nonqualified plans 1 swuory Rownem 12a See instructions for box 12 C a 3 eel Plan situp y r 12b C 21 Persian Lilac Drive e Etters, PA 17319 14 Other 12c e e 12d c 0 tl f Employee's address and ZIP code 15 State Employer's state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tins, etr.. 19 Local income tax 20 Locality name PA 2'1-144-72-------------------- ----------28'684':55--- ----------- 8033 2,0 ---- ---- 286$4•:55-- --- ------- 286-:8-0- Wage and Tax 002 W.2 Department of the Treasury-internal Revenue Service Form Statement Copy C For EMPLOYEE'S RECORDS. (See Notice to 2 Safe, accurate, Employee on back of Copy B) or Copy 2 to be Filed With (Rev. February 2002) FAST! Use Qm> Employee's State, City or Local Income Tax Return FORM 5203 09/26/07 17:00 FAX 703 508 3545 ANERICHOICI3-EXTV. IM 003 Page 1 of 1 Edgar Enos - Hello From: <3rKmrapa@ml cDm> To: <edos@amwk oke.emn> Data: 1/9/200310:30 AM. 9*ject: Hello Edgar, As per your request i have attadhed a Copy of the exod sheet h seabed. If you have any other guesdons, Phose feel tree tD call me at home. Looking ft ward to seeing you alt this weekend. Sutchle file:/lCADocimneW5'/aQWd%*2ASetti W\Admnigndm\ cd*/o20Seltiags\Temp\GW}000... 1/1=003 • -?• ?-• -• a..va ?tua aVV VVY YUYU Q004 Card Name Bank of America Harris Saving Bank Target Kohis Sears Discover American Express JC Penney Fashion Bug Qcard Cars 2000 Grand Arn GT 2002 Huyndia Elantra School St. There= Sdrool Totes Amt Due $ 5,112.78 $ 6,126.76 $ 96.90 $ 317.25 $1,389.60 $ 359.59 $ 26921 $ 848.90 $ 610.00 - $ 31289 Calk Total And $15,443.88 $12,852.48 $12,635.96 Cars total And $.25,288.44 $1,750.00 School Amt Due $1,750.00 Grand Total Due $ 42,482.32 Edgar a Rios, GP AGR Family LP 658 Live Oak Dr!" McLean, VA 22101. January 14, 2003 Goldman, Sachs.& Co. . 1735 Market Street 2e Floor Philadelphia. PA 19103 To Whom It May Concern: This letter Is your authorization to wire $42,500 from my AGR Fan* LP account #t . to the lb wAng: Juan D. Rivera & Milegros Rivera Waypolnt Bank Etters, PA Account ABA Sincerely, .Rios Partner Fwdpy LP Loan to John B. and Milagros Rivera Compound Period .......... Monthly Nominal Annual Rate .... Effective Annual Rate ... Periodic Rate .......:..........: Daily Rate ........................: CASH FLOW DATA 5.000 % 5.116 °Io 0.4167 % 0.01370 0% Event Start Date 1 Loan 01/15/2003 2 Payment 01 /01 /2004 .' 10/20/2003 Pagel Amount Number Period End Date 42,500.00 1 351.17 180 Monthly, 12/01/2018 AMORTIZATION SCHEDULE- Normal Amortization Date Payment Interest Principal Balance Loan 01/15/2003 2003 Totals `0.00 0.00 ..0.00 42,500.00 1 0110112004 351.1'7 2,092.61 1,741.44 44 241 44 2 0210112004 351.17 184.34 166.83 , . 44 074 61 3 03/0112004 351.17 183.64 167.53 , . 43 907 08 4 04/01/2004 351.17 182.95 168.22 , . 43 738 86 5 6 .05/01/2004 06/0112004 351.17 182.26 168.92 , . 43,569.94 7 07/01/2004 351.17 351.17 181.54 180.83 169.63 170 34 43,400.31 8 08/01/2004 351.17 180.12 . 171.05 43,229.97 43,058 92 9 10 09/0112004 10/01/2004 .351.17. 351 17 179.41 171.76 . 42,887.16 11 11/01/2004 . 351.17. 178.70 177 98 172.47 173 19 42,714.69 .12 12/01/2004. 351.17 . 177.26 . 173.91 42,541.50 42,367 59 2004 Totals 4,214.04 4,081.63 132.41 . 13 14 01 /01 /2005 02/01/2005 351.17 351 17 176.53 174.64 42,192.95 15 03/01/2005 . 351.17 175.80 175 07 175.37 176 10 42,017.58 16 04101/2005 351.17 . 174.34- . 176.83 41, 841.48 41 664 65 17 18 05/01/2005 06/01/2005 351.17 173.60 177.57 . , . 41,487.08 19 07/01/2005 351.17 351 17 172.86 172 12 178.31 41,308.77 20 08/01/2005 . 351.17 . . 171.37 179.05 179.80 41,129.72 40 949 92 21 22 09/01/2005 10/01/2005 351.17 351 17 170.62 180.55 , . 40,769.37 23 11/01/2005 . 351.17 169.87 169.12 181.30 182 05 40,588.07 24 2 12/01/2005 351.17 168.36• . 182.81 40,406.02 40 223 21 005 Totals 4,214.04 2,069.66 2,144.38 , . 25 01 /01 /2006 351.17 167.60 183.57 40,039.64 ` ~ ¢ } 10120/2003 Page 2 Loan to John B. and Milagros Rivera Date Payment Interest Principal Balance 26 02/01/2006 351.17 166.83 184,34 39 855 30 27 03/0112006 351.17 166.06 185.11. , . 39 670 19 28 04/01/2006 351.17 365.29. 185.88 , . 39 484 31 29 05/01/2006 351.17 164,52 186,65 , . 39 297 66 30 06101/2006 351.17 163.74 187.43 , . 39 110 23 31 07101/2006 351.17 162.96 188.21 , . 38 922 02 32 08/01/2006 351.17 162.18 188.99 , . 38 733 03 33 09/01/2006 351.17 161.39 189.78 , . 38 543 25 34 10101/2006 351.17 160.60 190.57 , . 38 352 68 35 11/01/2006 351.17 159.80 191.37 , . 38 161 31 36 12101/2006 351.17 159.01 192.16 , . 37 969 15 2006 Totals 4,214.04 1,959.98 2,254.06 , . 37 01/01/2007 351.17' 158.20 192.97 37 776 18 38 02/0112007 39 03/01/2007 351.17. 351 17 157.40 193.77 , . 37,582.41 40 04/01/2007 . 351.17 156.59 155.78 .194.58 195 39 37,387.83 41 05/01/2007 351.17 154.97 : 196.20 37,192.44 36 996 24 42 06/01/2007 43 07/01/2007 351.17 351 17 154.15 197.02 , . 36,799.22 44 08/0112007 . 351.17 153.33 152.51 197.84 198 66 36,601.38 45 09/01/2007 351.17 151.68. . 199.49 36,402.72 36,203 23 46 10/0112007 47 11/01/2007 351.17 351 17 150.85 ' 200.32 6 36,002.91 48 12/01/2007 . 351.17 150.01 149.17 201.16 202 00 35;801.75 2007 Totals - 4,214.04 1,844.64 . 2,369.40 35,599.75 49 01/01/2008. 50 02101/2008 351.17 351.17 148.33 147 49 202.84 35,396,91 51 03/01/2008 351.17 . 146.64 203.68 204 53 35,193.23 4 52 04/01/2008 351.17 145,79 . 205.38 3 ,988.70 34 783:32 53 05/01/2008 54 06/01/2008 351.17 351 17 144.93 206.24 , 34,577.08 55 07/01/2008 . 351.17 144.07 14121 207.10 207 96 34,869.98 56 08/01/2008 5 351.17 " 142.34 . 208.83 34,162.02 33 853 19 7 09/01/2008 58 10/01/2008 351.17- 351 17 141.47 209.70 , . 33,743.49 59 11/01/2008 . .351.17 140.60 139.72 210.57 211 45 33;532,92 60 12/01/2008 2008 Totals 351.17 138.84 . 212.33 33,321.47 33,109.14 4,214.04 1,723.43 2,490.61 61 01/01/2009 62 02/01/2009 351.17 351 17 137.95 213.22 32,895.92 63 03/01/2009 . 351.17 137.07 136 17 214.10 32,681.82 64 04/01/2009 351.17 . . 135.28 215,00 215 89 32,466.82 65 05/01/2009 66 06/01/2009 351.17 134.38 . 216.79 32,250.93 32 034.14 67 07/01/2009 351.17 351.17 133.48 132 57 217.69 , 31,816.45 . 218.60 31,597.85 1 '10/20/2003 Page 3 Loan to John B. and Milagros Rivera Date Payment Interest Principal Balance 68 08/01/2009 351.17 131.66 219.51 31,378.34 69 09/01/2009 351.17 •130.74 220.43 31,157.91 70 10/01/2009 351.17 129.82 221.35 30,936.56 71 11/01/2009 351.17 128.90 222.27 .30,714.29 72 12/01/2009 351.17 127.98 223.19 30,491.10 2009 Totals 4,214.04 1,596.00 2,618.04 73 01/01/2010 351.17 127.06 224.12 30,266.98 74 02101/2010 351.17 126.11 225.06 30,041.92 75 03/01/2010 351.17 125.17 226.00 29,815.92 76 04/0112010 351.17 124.23 226.94 29, 588.98 77 05101 /2010 - ' 351.17 123.29 227.88 29, 361.10 78 06/01/2010 351.17 122.34 228.83 29,132.27 79 0710112010 351.17 121.38 229.79 28,902.48 80 08/01/2010 351.17 120.43 230.74 28,671.74 81 09/01/2010 351.17 119.47 231.70 28,440.04 82 10/01/2010 351.17 118.50 232.67 28,207.37 83 1110112010. 351.17 117.53 233.64 27,973.73 84 12101/2010 351.17 116.56 234.61 27,739.12 2010 Totals 4,214.04 1,462.06 2,751.98 85 01/01/2011 351.17 115.58 235.59 27,503.53 86 02101:12011 351.17 114.60 236.57 27,266.96 87 0310172011 351.17 113.61 237.56 27,029.40 88 04/01.72011 351.17 112.62 238.55 26, 790.85 89 ' 0510172011 351.17 111.63 239.54 26,551.31 90 06/01/2011 351.17 110.63 240.54 26,310.77 91 07/01/2011 351.17 109.63 241.54 26,069.23 92 08/0112011 351.17 108.62 242.55 25 826.68 93 09/01/2011 351.17 107.61 243.56 , 25 583.12 94 10/01/2011 351.17 106.60 244.57 , 25,338.55 95 11/01/2011 351.17 105.58 245.59 25 092.96 96 12/01/2011 351.17 104.55 246.62 , 24 846.34 2011 Totals 4,214.04 1,321.26 2,892.78 , 97 01/01/2012 351.17 103.53 247.64 24 598.70 98 02101/2012 351.17 102.49 248.68 , 24 350.02 99 03/01/2012 351.17 101.46 249.71 , 24 100.31 100 04/0112012 351.17 100.42 250.75 , 23 849.56 101 05/01/2012 351.17 99.37.. 251.80 , 23 597.76 102 06/01/2012 351.17 98.32 .252.85 , 23 344.91 103 07101/2012 351.17 97.27 253.90 , 23 091.01 104 08/01/2012 351.17 96.21 254.96 , 22 836 05 105 09/01/2012 351.17 95.15 256.02 , . 22 580 03 106 10/01/2012 351.17 94.08 257.09 , . 22 322 94 107 11/01/2012 351.17 93.01 258.16 , . 22 064 78 1.08 12/0112012 351.17 91.94 259.23 , . 21;805 55 2012 Totals 4,214.04 1,173.25 .3,040.79 . 10/20/2003 Page 4 Loan to.John B. and Milagros Rivera Date Payment Interest Principal Balance 109 01/01/2013 351.17 90.86 260.31 21 545.24 110 02/01/2013 351.17 89.77 261.40 , 21 283.84 111 03/01/2013 351.17 88.68 262.49 , 21 021.35 112 04/01/2013 351.17 87.59 263.58 , 20 757 77 -113 05/01/2013 .351.17 •86.49 264.68 , . 20 493.09 114 06/01/2013 351.17 85.39 265.78 , 20 227 31 115 07/01/2013. 351.17 84.28 266.89 , . 19 960 42 116 08/01/2013 ' 351.17 83.17 268.00 , . 19 692 42 117 09/01/2013 351.17 82.05. 269.12 . , . 19 423 30 118 10/01/2013 351.17 80.93 270.24 , . 1.9 153 06 119 1.1/01/2013 351.17 79.80 271.37 , . 18,881 69 120 12/01/2013 351.17 78.67' 272.50 . 18 609 19 2013 Totals 4,214.04 1,017.68 3,196.36 , . 121 01/01/2014 351.17 77.54 273.63 18 335 56 122 02/01/2014.. 351.17 76.40 274.77 , . 18 060 79 123 03/01/2014 351.17 75.25 275.92 , . 17 784 87 124 04101/2014 351.17 74.10 277.07 , . 17 507 80 125 05/01/2014 351.17 72.95 278.22 , . 17 229 58 126 06/01/2014 351.17 71.79 279.38 , 16 950 20 127 07/01/2014 351.17 70.63 280.54 , . 16 669 66 128 08101/2014 351.17 69.46 281.71 , . 16 387 95 129 09/01/2014 351.17 68.28 282.89 , . 16 105 06 130 10/01/2014 351.17 6,7.10 284.07 , . 15 820 99 131 11101/2014 351.17 65.92 •285.25 , . 15 535 74 132 12/01/2014 351.17 64.73 286.44 , . 15 249 30 2014 Totals 4,214.04 854.15 3,359.89 , . 133 01/01/2015 351.17 63.54 287.63 14 961 67 134 02/01/2015 351.17 62.34 288.83 , . 14 672 84 135 03/01/2015 351.17 61.14 290.03 , . 14,382 81 136 04101/2015 351.17 59.93 291.24 . 14 091 57 137 05/01/2015 351.17 58.71 292.46 , . 13 799 11 138 06/01/2015 351.17 57.50 293.67 , . 13 505 44 139 0710112015 351.17 56.27 294:90 , . 13 210 54 140 08101/2015 351.17 55.04 296.13 , . 12 914 41 141 09/01/2015 142 10/01/2015 351.17 351 17 53.81. 297.36 , . 12,617.05 143 11/01/2015 . 351.17 52.57 51.33 298.60 299 84 12,318.45 144 12/01/2015 351.17 50.08 . 301.09 12, 018.61 11 717 52 2015 Totals 4,214.04 682.26 3,531.78 , . 145 01/01/2016 146 02/01/2016 351.17. 351 17 48.82 ' 302.35 11,415.17 147 03/01/2016 . 351.17 47.56 46.30 303.61 304 87 11,111.56 148 04/01/2016 351.17 45.03 . 506.14 10,806.69 10,500 55 149 05/01/2016 150 06101/2016 351.17 351 17 43.75 307.42 . 10,193.13 . 42.47 308.70 9,884.43' 10120/2003 Page 5 Loan to John B. and Milagros Rivera Date Payment Interest Principal Balance 151 07/01/2016 351.17 41.1.9 309.98 9,574.45 152 08/01/2016 351.17 39.89 311.28 9,263.17 153 09/01/2016 351.17 38.60 312.57 8,950.60 154 10/01/2016 351.17 37.29 313.88 8,636.72 155 11/01/2016 351.17 35.99 315.18 8,321.54 156 12101/2016 351.17 34.67 316.50 8,005.04 2016 Totals 4,214.04 .501.56 3,712.48 157 01/01/2017 351.17- 33.35 •317.82 7,687.22 158 02/01/2017 351.17 32.03 319.14 7,368.08 159 03/01/2017 351.17 30.70 320.47 7,047.61 160 04/01/2017 351.17 29.37 321.80 6,725.81 161 05/01/2017 351.17 28.02 323.15 6,402.66 162 06/0112017 351.17 26.68 324.49 6,078.17 163 07/01/2017 351.17 25.33 325.84 5,752.33 164 08101/2017 351.17 .23.97. 327.20 5,425.13 165 0910112017 351.17 22.60 328.57 5,096.56 166 10101/2017 351.17 21.24 329.93 4,766.63 167 11/01/2017 351.17 19.86 331.31 4,435.32 168 12/0112017 351.17 18.48 332.69 4,102.63 2017 Totals 4,214.04 311.63 3,902.41 169 04101/2018 351.17 17.09 334.08 3,768.55 170 02/01/2018 351.17 15.70 335.47 3,433.08 171 03/0112018 351.17 14.30 336.87 3,096.21 172 04/0112018 351.17 12.90 338.27 2,757.94 173 05101/2018 351.17 11.49 339.68 2,418.26 174 06/01/2018 351.17 10.08 341.09 2,077.17 175 07/01/2048 351.17 8.65 342.52 1,734.65 176 08/01/2018 351.17 7.23 343.94 1,390.71 177 09101/2018 351.17 5.79 345.38 1,045.33 178 10/01/2018 351.17 4.36 346.81 698.52 179 11/01/2018 351.17 2.91 348.26 350.26 180 12/01/2018 351.17 0.91 350.26 0.00 2018 Totals 4,214.04. 111.41 4,102.63 Grand Totals. 63,210.60 20,710.60: 42,500.00 LAW OFFICES. WEST & FEINBERG, P.C. SUITE 775N 4550 MONTGOMERY AVENUE BETHESDA, MARYLAND 20314 RONAI-D D. WEST (MD, DC) 301-9511500 MARC R. FEINBERG (MD, DC) FACSIMILE 301-951-1525 LAWRENCE S. STERN (MD) STEVEN W. JACOBSON (MD, DC) JOE L. I..EONE (MD, DC, FL, VA) MINDl G. SLICt1INS)n' (MD, NY, IL) WRITER'S DIRECT' NUMBER: NU ERICA F. PEPPER (MD, DC, NS) ROIA51 EIv1AIL• ipep eCn-6wxom JAMES M. PEPPE (MD, DC) C) p JENNIFER L. GLIREVITZ (MD, FL) September 28,2007 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Mr. John B. Rivera 2032 Harvest Drive Mechanicsburg, PA 17055 Re: Our Client No. 19231.4 Dear Mr. Rivera- I represent Mr. and Mrs. Edgar G. Ribs, who loaned you $42,500 on January 15, 2003. You were to begin making monthly payments on January 1, 2004 in the amount of $351.17 each. To date, Mr. and Mrs. Rios have not received any payments from you. The total principal balance with accrued interest as of September 30, 2007 is $53,760.66. We demand that you pay this amount immediately. Please deliver two certified checks to my attention, one in the amount of $26,880.33 payable to the "Edgar G. Rios Revocable Trust dated June 30, 2003" and another in the amount of $26,880.33 payable to the "Lillian Rios Revocable Trust dated June 30, 2003." Mr. and Mrs. Rios appreciate- that this may bea significant amount for you to pay at one time. If you are interested in discussing the possibility of restructuring your loan so that you can pay over a longer period, please call me so that we may discuss various options. If we do. not receive checks from you or. hear from you regarding a possible restructuring within the near future, we will commence an action to enforce the Note and collect the amount owed. Very truly yours, ames M. Peppe cc: Edgar G. Rios u:\fileS\19231\nvera 09-07 hr.doc LAW OFFICES WEST & FEINBERG, P.C. SUITE 775N 4550 MONTGOMERY AVENUE BETHESDA, MARYLAND 20814 RONALD D. WEST (MD, DC) 301-951-1500 MARC R. FEINBERG (MD, DC) FACSIMILE 301-951-1525 LAWRENCE S. STERN (MD) STEVEN W. JACOBSON (MD, DC) JOE L LEONE (MD, DC, FL, VA) MINDY G. SUCHINSRY (MD, NY, IL) WRITERS DIRECT NUMBER ERICA F. GLOGER (MD, DC, NY) 301-951-1579 JAMES M. PEPPE (MD, DC) EMAIL IP?ppaw.rnm JENNIFER L GUREVITZ (MD, FL) October 12, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Juan D. Rivera 2032 Harvest Drive Mechanicsburg, PA 17055 Re: Our Client No. 19231.4 Dear Mr. Rivera: In reference to my letter dated September 28, 2007 and our subsequent telephone conversation, enclosed please find a new Promissory Note dated October 1, 2007. As mentioned in my prior letter, the principal balance with accrued interest that you and Milagros owed as of September 30, 2007 was $53,760.66. This is the amount of the new Note. Principal will continue to accrue at 5% per year, but no payments will be due for one year. Please sign the Note in front of a witness where indicated and return the original Note to my attention in the enclosed envelope. I will then have Milagros sign and send you a copy of the fully executed Note. Very truly yours, cc: Edgar G. Rios ames M. Peppe uAfiles\19231\rivera 10-071tr.doc IMPORTANT NOTICE THIS INSTRUMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE AS A DEBTORAND ALLOWS THE CREDITOR TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT ANY FURTHER NOTICE. CONFESSED JUDGEMENT PROMISSORY NOTE $53,760.66 October 1, 2007 FOR VALUE RECEIVED, the undersigned, JUAN D. RIVERA (sometimes known as John B. Rivera) of 2032 Harvest Drive, Mechanicsburg, Pennsylvania 17055, and MILAGROS RIVERA of 6262 SW 195`h Avenue, Pembroke Pines, Florida 33332 (collectively "Maker"), promise, jointly and severally, to pay to the order of EDGAR G. RIOS and LILLIAN RIOS, and their successors, as Trustees of the EDGAR G. RIOS REVOCABLE TRUST dated June 30, 2003, as to an undivided fifty percent (50%) interest, and LILLIAN RIOS and EDGAR G. RIOS, and their successors, as Trustees of the LILLIAN RIOS REVOCABLE TRUST dated June 30, 2003, as to the remaining undivided fifty percent (50%) interest, as tenants in common as to the whole (collectively "Holder"), at 8045 Leesburg Pike, Suite 650, Vienna, Virginia 22182, or at such other place within the United States of America which the Holder may from time to time designate in writing to Maker, the principal sum of Fifty Three Thousand Seven Hundred Sixty and 66/100 Dollars ($53,760.66), with interest from the date hereof at the rate of five percent (5%) per annum. The entire unpaid principal balance, together with all accrued and unpaid interest, shall be due and payable in full on or before September 30, 2008. Upon the happening of any one or more of the following events, each of which shall constitute a default hereunder, the unpaid principal balance of this Note, shall, at the option of the Holder hereof, become immediately due and payable, anything hereinabove to the contrary notwithstanding: a. failure of Maker to make any payment when and as due hereunder; b. the filing of any petition by or against one or more of the Makers either under the federal bankruptcy laws or state receivership laws or under any similar federal or state statute; or the insolvency, receivership, or assignment of assets for the benefit of creditors of such Maker(s); or the inability or the admission in writing by a Maker of an inability to pay debts as they mature; or the effecting by a Maker of a plan or other arrangement with creditors; c. an attachment or execution levied against any substantial part of the assets of one or more Maker; or d. the death of one or more Maker. The Maker hereto shall have the right to make prepayments hereunder at any time, or from time to time, Without premium or penalty, in which case the remaining payments shall be appropriately adjusted in order to provide for equal payments of principal and interest. This Note shall be payable without any offset, reduction or recoupment whatsoever. All parties to this Note, including guarantors and endorsers, hereby severally waive presentment for payment, notice of non-payment, notice of dishonor, protest and notice of protest. In case any provision (or any part of any provision) contained in this Note shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision (or the remaining part of -any affected provisions) of this Note and this Note shall be construed as if such invalid, illegal or unenforceable provision (or any part hereof) had never been contained herein, but only to the extent it is invalid, illegal or unenforceable. The Holder hereof may, without notice and without releasing the liability of any party hereto, grant extensions or renewals hereof from time to time and for any term or terms. Delay on the part of the Holder in exercising any rights hereunder shall not be deemed a waiver thereof. This Note shall inure to the benefit of the Holder, and Holder's legal representatives, successors, and assigns, and shall bind the Maker, all guarantors and endorsers, and their respective legal representatives, successors and assigns. This Note shall be construed and enforced according to the laws of the Commonwealth of Virginia. Upon a default hereunder, Maker shall pay Holder all costs of collection, including reasonable attorneys' fees and related expenses. In the event that the unpaid principal balance of this Note becomes immediately due and payable for any of the aforesaid causes, interest shall be payable on the unpaid principal balance due hereunder, at five percent (5%) per annum above the interest rate otherwise payable from the date of default .until payment in full of this Note (but in no event great than the maximum rate allowed by law). If payment of the indebtedness evidenced by this Note, or any part thereof, shall not be made when due, the Maker hereby authorizes and empowers Joe L. Leone, Esq. or Kenneth Nankin, Esq. to appear for the Maker in the circuit court of Fairfax County, Virginia, or before the clerk: of such court, and waive the issue and service of process and confess judgment against one or both Makers in favor of the Holder of this Note for the amount then due thereon, with the interest thereon aforementioned, and the costs of suit, reasonable attorneys' fees and reasonable related expenses, hereby waiving and releasing all error and all rights of exemption, appeal and stay of execution. All payments pursuant to this Note shall be first applied to interest due at the time of payment and any fees, charges or expenses due, and any balance remaining shall be applied to reduction of the principal balance due. In the construction of this Note, words used in the singular shall include the plural, and the plural the singular, and words used in the masculine gender shall include the feminine and the neuter, and vice versa, in all cases where such meaning would be appropriate. IN WITNESS WHEREOF, this Note has been executed as of the date first above written. Witness Si0nature ?ohn B. Rig-era Witness Signature I l::Pilcs.XV11.1.5 1')_'31 atile. rivera.2007.%?pd Milagros Rivera Edi, _ & LiCCian Rios NO 2 2.0 •. _- .- "' . 658 Live Oak DriveAA' .9??tcLean, TA 22101 .0 ? M.- m "? John & Amber Rivera 350 Equis Dr. CamnhilZ PA moll 1-7C:e%'L-Ir '-r• 1,.,1111, ,111,,,,uIII If till ,II#IIII III till I,If If IF fit? IIIlilt Dear John & .Amber, ,ro accept the mystery of Cfe at face value is not easy. While trials and tribulations are apart of life, deep down inside, we hope .that our children are exempt from any unnecessary hardships. So we are faced with the realty that death * is ever present in our lives. How do we deal when confronted by death? -Js it a' harrenge for the departed or is.it_a chalQenge for those of us who stay behincP This is the deep seated questions of our hearts. 'WN want to believe tfiat Aramis has been summoned to the highest court of the ceastiaC heavens and in his smiCng warrior like manner is negotiating deals for. the betterment of humanity. This is a most.pCeasing thought, but, we are still at a crossroad whether to accept God's will without anger 'and resentment* or find strength to carry on 6y going within. We really don't know. Affwe know is that Cousin Ara, ECFiscaC resided in the deepest part of our heart and as of yet there is no vacancy! Aramis is the product of our union. He dial not beCong to us, but as it is written in the -Bible, he- was flesh of our fresh, blood of our blood:".. We housed him, Caved him and we were • touched by his inner souC He strived to Cook on the bright side and always had a vision for tomorrow... truth be toicl; our most precious commodity has been expropriated to. a higher plain and there is nothing we can do about it. God's sense of humor Leaves much to be desired:. -While .drama' presence in our live was a delectable detWht, we feelers if we have been deniedthe main entree. our bountyWbressing is gone. He exemplified aCCof the greater attributes that one would wish for in a human being. - Like 2uyote, in "Man of La Manche," Aramis. believed in truth and justice and as such worked exhaustibly to strive towards this end Over aL4 his greatest attribute was his ability to Lave- Somehow, he was able to remove afC barriers and go directly to your "Sacred place and touch your heart. iris greatest gift to us was his Love. For as it is written in 2Corinthians:l3 Love is very patient and kind never jealous or envious, never boastful or proud; never haughty or selfish or rude. Love does not demand its own way. It is not. irritable or touchy. It does not hoWgrudges and wilCharary even notice when others do wrong. It is never glad about injustice, but i rejoices whenever truth :wins, out. If you lave someone you wilTbe Coya(to him no matter what the cost. you will' always beCzeve in him, afiways expect the best of him, and'atways'standyourgroundin defending him. This was Aramis! 'Without your strength and encouragement, we never couCd have made it. Thank you for your kindness, support and mueho, macho LOTE? Edgar & Lill'uin. Rios It IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IN RE: THE MARRIAGE OF MILAGROS LOZADA RIVERA, CASE NO: 06-012100 (42) Petitioner/Wife, and JUAN D. RIVERA, Respondent/Husband NOTICE OF FILING ORIGINAL MEDIATED SETTLEMENT AGREEMENT COMES NOW, the Respondent /Husband, JUAN RIVERA, by and through his undersigned attorney and files the attached Original Mediated Settlement Agreement. I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this day of January, 2007, to Milagros Rivera, 11658 NW 11th Street, Pembroke Pines, FL 33026. Respectfully Submitted, JOHN E. MUFSON, P.A. Attorney for Respondent 3109 Stirling Road, Suite 202 Hollywood, FL 33312 Telephone: (954) 983-2090 Facsimile: (954) 983-8284 By: Jo E. Mu Jf? on, Esq. Florida Bar No.: 369691 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of e 1?, , 2006, by and between JUAN D. RIVERA, hereinafter referred to as "Husband", and MILAGROS LOZADA RIVERA, hereinafter referred to as "Wife". W I T N E S S E T H: WHEREAS, the parties hereto were married to each other on the 21St day of November, 1985; and WHEREAS, there is (1) child born of this marriage, to wit: Amber Janine Rivera, born October 17, 1992; and WHEREAS, certain irreconcilable differences have arisen between the parties hereto; and WHEREAS, each of the parties hereto is desirous of adjusting and settling matters requiring adjustment and settlement; and WHEREAS, said parties are desirous of entering into an Agreement under which they may hereafter live separate and apart from each other and under which fair and reasonable provisions shall be made for the parties, as hereinafter more particularly set forth; and WHEREAS, the parties desire to effect a complete and mutual Property Settlement Agreement; I. NOW, THEREFORE, in consideration of the mutual agreements and covenants of the parties hereto and for TEN and N01100 ($10.00) DOLLARS and other good and valuable consideration passing between said parties, it is hereby agreed as follows: ARTICLE I - ACKNOWLEDGEMENT That both parties have given full mature thought to making this Agreement and all the obligations and covenants and conditions contained herein. Each party understands that this Agreement and the obligations assumed by the other are assumed to express an understanding and agree that they are in full settlement and satisfaction of all obligations, liabilities, debts, claims and demands of whatsoever nature, degree or purpose for the present or prospective which each of the parties now has or might hereafter or otherwise have toward or against the estate of the other arising out of the marriage of the parties and that each party has entered into this Agreement freely and voluntarily. ARTICLE II - MUTUAL RESTRAINT OF PARTIES That the parties may hereafter live separate and apart, each f rom the other to the extent as if the parties hereto were unmarried and that each party hereto shall be free from the control and authority of the other. That neither party shall in any manner annoy, molest or otherwise harass or interfere with the other party hereto 'n his or her person or business. 2 r ARTICLE III - CHILD CUSTODY AND VISITATION That both the Husband and Wife shall share parental responsibility with respect to the minor child of the parties, Amber Janine Rivera. That the Husband shall be primary residential parent of the minor child Amber Janine Rivera, and the Wife shall be secondary primary residential parent. That both parties have agreed that the Husband shall be entitled to re-locate with the minor child back to his prior residence in Pennsylvania so as to allow the child to attend school there starting in September 2006. It is contemplated by the parties that the Wife shall relocate to Pennsylvania and that upon the Wife's relocation the parties shall exercise a time-sharing arrangement. Once the Wife has moved to Pennsylvania the minor child shall reside with one party for four (4) days each week and with the other party for three (3) days each week with the parties alternating this arrangement every other week. If the Wife does not relocate to Pennsylvania, the minor child shall, spend each major holiday including the Thanksgiving, Christmas and Easter school break periods with the Wife. In addition, commencing with the 2007 calendar year, for each summer the Wife shall have time-sharing with the minor child from 3 one (1) week after the end of the calendar school year until one (1) week prior to the commencement of the fall school calendar year. That the parties shall share any and all transportation costs with respect to delivery of the minor child to the Wife and for transportation of the child back to the Husband's residence in Pennsylvania. That the parties may by written agreement between them modify the time-sharing arrangement for the minor child. ARTICLE IV - SHARED PARENTAL RESPONSIBILITY It is the intent of the parties that they exercise shared parental responsibility for the minor child as follows: a. It is the intent of the parties that they each continue to have a full and active role in providing a sound, moral, social, economic and educational environment for their child. The parties shall give support to each other in their role as parents and shall take into account the feelings of the other concerning the physical and emotional well being of the child. b. All questions pertaining to the education, health, summer activities, welfare and other important decisions concerning the child shall be decided jointly by Husband and Wife, and each shall consult with each other as often as it may be necessary regarding all s ch matters. The parties agree that they must mutually l (7 4 discuss and agree to which daycare the child will attend. The Husband and the Wife further agree that they will make no significant change in the childs educational, religious or health programs without the prior consent of the other party. Neither shall do anything, which may estrange or hamper the natural development of the love the child has for either parent. C. The Husband and Wife hereby agree that they both shall be entitled to complete detailed information from any doctor, dentist, consultant, school, teacher or any other specialist or individual attending the child for any reason whatsoever, and agree to furnish the other with copies of any written records or reports they receive. d. Both parties shall be entitled to participate with and attend special activities in which the minor child are engaged, such as religious activities, school programs, graduation, sports, and other extra curricular activities and programs in which the child are in, or in which they may be engaged. Each party shall provide the other with reasonable notice of same upon receipt of notice of the event. e. Each party shall at all times, keep the other party advised as to where the child is, whether during visitation, vacations, holidays, or otherwise and shall provide to the other party a telephone number where the child may be called. ] 5 f. Each party shall have access to the records and information pertaining to the minor child, including but not limited to medical, dental, and school records. If either party obtains such records in written form, that party shall provide the other with a- copy of said records within five (5) days. g. Each party shall have the authority to make a unilateral decision for the childs welfare that otherwise would be a joint decision if the decision must be made in an emergency situation. An emergency shall be defined as any event threatening to the basic health and welfare of the child. Each party shall be entitled to authorize emergency medical treatment for the minor child. Furthermore, each party shall immediately notify the other in the event of any illness or accident or other circumstances affecting the child's welfare or health while the child is in his or her physical custody. ARTICLE V - CHILD SUPPORT That the parties acknowledge that the Wife is currently unemployed and that she shall have an obligation to obtain employment. That within thirty (30) days after she has obtained employment, she shall file an amended financial affidavit with the court and that she shall pay child support based on the child support guidelines to the Husband on a monthly basis. i? ff s 6 1 That the Husband upon receipt of the Wifes financial affidavit shall submit an Amended Final Judgment, together with the guidelines establishing the child support to be paid by the Wife to the Husband. The Wife's obligation to remit the child support to the Husband shall continue until the childs emancipation, which emancipation is defined as follows: a. Death of the child b. Valid marriage of the child c. Lawful entry of the child into the military services for the United States for a continuous period of one (1) year or more. d. Childs eighteenth (18) birthday If the child is enrolled in and attending school but has not completed high school prior to reaching the age of eighteen (18) emancipation shall not occur until the minor child graduates from high school as long as there is a reasonable expectation that the minor child shall graduate prior to reaching the age of 18. That all child support payments shall be made directly to the Husband in that he has waived payment through the State of Florida Child Support Disbursement Unit. That the Husband agrees to maintain medical insurance for the minor child until she has reached the age of eighteen (18) and both ,f r 7 parties shall be equally responsible for any and all dental and medical expenses that relate to either co-payments or expenses that fall within the deductible. Both parties agree to foster love and affection between the children and the other party and neither party shall disparage or criticize the other in the presence of the children and shall restrain and prevent any third person from so criticizing the other party in the presence of the children. ARTICLE VI - REAL PROPERTY That the parties jointly in interest in the former marital residence located at 11658 N.W. 11th Street, Pembroke Pines, Florida 33026. That the parties have placed the.residence for sale with a realtor. That upon sale of the subject property, and after payment of all closing costs and any applicable realtor commissions due and owing, that each party shall receive fifty percent (500) of the net proceeds from the sale. That the parties agree to accept any offer that is within 30 of the sales price of any comparable property sold within one- hundred and eighty days (180) that is situated within the area near that of the parties residence. That the Husband shall have a period of sixty (60) days from the date of this agreement from which he will obligated to pay the mortgage, taxes and insurance for the subject property. 01 IV, L 8 ARTICLE VII - PERSONAL, PROPERTY OF PARTIES As to the Husband: That as part of an equitable distribution of the assets of the parties that the Husband shall be entitled to the following: 1. Checking account 2. 401 K (with an approximate balance of $1,500.00) 3. Large Television in Living Room of the Former Marital Residence.. 4. 2000 Pontiac Grand Am The Husband shall be solely responsible for the monthly payments, insurance, repairs, and registration fees for the motor vehicles. In the event that the Husband defaults with respect to payment of any expenses for the motor vehicle he agrees to indemnify and hold the Wife harmless. As to the Wife: That as part of an equitable distribution of the assets of the parties that the Wife shall be entitled to the following: 1. Checking account 2. Furniture in the former marital residence. 3. 2002 Hyundai Elantra The Wife shall be solely responsible for the insurance, repairs, and registration fees for the motor vehicles. In the event that the Wife defaults with respect to payment of any expenses for the motor vehicle she agrees to indemnify and hold the Husband harmless. a- 9 ARTICLE VIII - DEBTS That both parties acknowledge that there are no debts either jointly or individually with are subject to equitable distribution by the court. If there are any other debts subsequently discovered, the party who incurred it agrees to hold the other harmless from any liability and assumes all responsibility for payment of such debt. Neither party shall incur any further debts for which the other may be liable. ARTICLE IX - TAXES That for the 2006 tax year and for all subsequent years the parties shall file separate returns. The Husband shall be entitled to claim the minor child, Amber Janine Rivera as a dependent on his 2006 tax return and for all subsequent returns. ARTICLE X - RESTORATION OF MUDEN NAME That the maiden name of the Wife shall be restored to that of MXLAGROS LOZADA. ARTICLE XI - FINANCIAL DISCLOSURE Both parties acknowledge that they have each made full financial disclosure of each other's assets and liabilities. ARTICLE XII - ATTORNEYS FEES That each party shall be solely responsible for payment of their wn attorneys fees. ,f G?', f 7 10 '` ARTICLE XIII - DEFAULT PROVISIONS If the Husband defaults in the performances of any of the obligations of this Agreement, or if the Wife must enforce or defend any of the terms or conditions of the Agreement, and by reason thereof, the Wife employs the services of an attorney to perform any services to enforce or defend the terms or conditions of this Agreement, then, in any of said events, the Husband hereby agrees to pay the Wife's reasonable attorney fees, costs and expenses incurred by the Wife pertaining thereto whether Court proceedings are necessary or not. If the Wife defaults in the performances of any of the obligations of this Agreement, or if the Husband must enforce or defend any of the terms or conditions of the Agreement, and by reason thereof, the Husband employs the services of an attorney to perform any services to enforce or defend the terms or conditions of this Agreement, then, in any of said events, the Wife hereby agrees to pay the Husband's reasonable attorneys fees, costs and expenses incurred by the Husband pertaining thereto whether Court proceeds are necessary or not. ARTICLE XIV - RELEASE Other than specifically provided in the Agreement, each party releases the other from any and all obligations, liabilities, causes of action in law or in equity, claims, rights and demands of 11 any and every description whatsoever, arising by virtue of their marriage or otherwise, which either one may hold, have or claim against the other, now or hereafter, including rights and claims for support, alimony and all special equity claims and rights in and to any real and personal property. Except as otherwise provided in the Agreement, each party releases the other from all claims or demands up to the date of execution of this Agreement. Except as otherwise provided, each party waives, releases and relinquishes all rights that he or she may have or may hereafter acquire as the party's spouse under the present or future laws of any jurisdiction. a. To elect, take against any Will or Codicil of the other party now or hereafter is force; b. To share in the other party's estate; and c. To act as Personal Representative, Executor or Administrator of the other party's estate. ARTICLE xV - DISSOLUTION PROCEEDINGS This Marital Settlement Agreement shall be offered to the Court by either party, without objection by the other party, with the request that this Property Settlement Agreement be incorporated by reference in a Final Judgment of Dissolution of Marriage, but that it shall survive the Final Judgment and be binding upon the parties at all times, and filed within the Circuit Court. i 12 ARTICLE XVI - FUTURE DOCUMENTS Each party shall, at any time, and from time to time, hereafter take any and all steps to execute and deliver any and all further instruments and assurances that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. ARTICLE XVII - ENTIRE AGREEMENTS This Agreement, from the time it shall take effect, shall supersede any and all prior Agreements, whether claimed to be oral or in writing. The parties have incorporated in this Agreement their entire understanding. No oral statements shall have any force or effect. ARTICLE XVIII - FULL DISCLOSURE A. The Husband represents that the Husband has made full and complete financial disclosure to the Wife of his income, assets, liabilities and expenses as they exist as of the time of the execution of this Agreement. B. The Wife represents that she has made fully and complete financial disclosure to the Husband of her income, assets, liabilities and expenses, as they exist as of the time of the execution of this Agreement. 13 C. Both parties are satisfied with the financial disclosure made by the other, and are well familiar with the financial. circumstances of one another. ARTICLE XIX - AUTHORSHIP In the event that it becomes necessary for any reason to construe this Agreement as permitted by the rules of evidence of the State of Florida, this Agreement will be construed as being jointly prepared and written by all parties hereto. ARTICLE XX - ADVISE OF LEGAL COUNSEL The parties respectively acknowledge that each has had the opportunity with respect to this Agreement, to obtain independent legal advice by the counsel of their choice. Each party having had advice of legal counsel, each party acknowledges that they are signing this Agreement freely and voluntarily, intending to be bound by it with full understanding of its provision. ARTICLE XXI - MODIFICATION AND WAIVER No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by the parties. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same, similar or different in nature. 14 ?2 0 ARTICLE XXII - BINDING PROVISION This Agreement shall be binding upon the parties and upon their respective heirs, Personal Representatives, Executors, administrators, successors and assigns. XXIII - SITUS This Agreement shall be construed and governed in accordance with the laws of the State of Florida. ARTICLE XXIV - SURVIVAL OF AGREEMENT Reconciliation, re-marriage or attempted reconciliation shall not affect the property right provisions of this Agreement. ARTICLE XXV - CAPTIONS Paragraph captions have been used throughout this Agreement for convenience and references only, and are not intended to and shall not be used in any manner whatsoever in the construction and interpretation of this Agreement or any provisions hereof. ARTICLE XXVI - MULTIPLE COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be an original, but all which together shall constitute but one and the same instruments. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first written. ?Q , IL 15 COUNTY OF FLORIDA ) J Ale " ILAGRO LOZADA RIVERA BEFORE ME, this day personally appeared MILAGROS LOZADA RILTERA to me well known and known to me to be the person described in and who executed the foregoing instrument and acknowledged to and before me that she executed said Property Settlement Agreement for then pu Lposes therein expressed and has produced ILJ as proper identification. WITNESS my ha d and official seal in the County and State last aforesaid, this (-day of My Commission Expires: ®© Crreory Salind C? - C-? Q Yv Cbmmission#DD343143 des' g OZ 2008 AUantic Bonding Co., Inc. j 17 STATE OF FLORIDA ) Signed, sealed and delivered in the presence of: Witnesses as to Husband STATE OF PENNSYLVANIA COUNTY OF CtAK4G-ekkv%1/1 J D. RIVERA BEFORE ME, this day personally appeared JUAN D. RIVERA to me well known and known to me to be the person described in and who executed the foregoing instrument and acknowledged to me and before me that he executed said Property Settlement greeme t for the purposes therein expressed and has produced as proper identification. ' r WITNESS my h nd and official seal in the County and State last aforesaid, this 2?S day of ?pCbw? 2006. My Commission Expires: ,,..-J;.a NOTARY PUBLIC 16 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Amended Exhibits to Defendant Juan D. Rivera's Emergency Petition for a Protective Order upon the person(s) and in the manner indicated below: US Mail addressed as follows: Edward J. Murphy, Jr., Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs CtAOL Amber L. Southard, Paralegal Date: 11 13Q IOC r ? t ?.i? . 'C1 ,- ' ;.. , , °j . - } 3 ,. ? li;.% &_/ 4, - . EDGAR G. RIOS and IN THE COURT OF COMMON PLEAS OF LILIAN RIOS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. JOHN B. RIVERA V. MILAGROS LOZADA RIVERA NO. 07-7760 CIVIL IN RE: PETITION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 13th day of February, 2009, upon consideration of the Defendant Juan Rivera's Petition for a Protective Order, the Plaintiff's Answer thereto and after conference with Counsel on February 4, 2009, IT IS HEREBY ORDERED AND DIRECTED that the Emergency Petition for Protective Order is DENIED. IT IS FURTHER ORDERED AND DIRECTED as follows: 1. Defendant shall answer Interrogatory #13 to be best of his ability. The Court understands given the Defendant's financial situation that there may not be extensive financial consultants, tax preparers, accountants or CPAs involved in his case. 2. Interrogatory #14 need not be answered. 3. Interrogatory #15 shall be answered for only the years 2002, 2003, 2004, and 2005. 4. Interrogatory #16 has been answered. 5. Interrogatory #17 will be satisfied by the Defendant providing his tax returns for years 2002, 2003, 2004 and 2005. 6. Interrogatory 23 shall be satisfied by providing the tax returns along with W2 forms or income statements for the years 2002, 2003, 2004 and 2005. 7. Interrogatory #24 need not be specifically answered in as much as it will be covered by the materials provided in answer to Interrogatory #23. 8. The Defendant will produce documents requested in the Request for Productions of Documents #4. It will be limited to credit card information within the Defendant's knowledge. 9. With the exception of financial reports and records, the defendant shall provide bank statements, credit card statements, tax records and W2 forms for the years 2002, 2003, 2004 and 2005 to the extent that he has them in his possession. 10. Request for Production of Documents #12 will be satisfied by the documents previously ordered to be produced by the Court with regard to tax returns, W2s, etc. 11. Request for Production of Documents #16 should be satisfied by the records previously ordered above. 12. With regard to Request for Production of Documents #19, the Defendant shall disclose whether or not he has any investments, stocks, bonds, CDs, or IRA accounts. 13. Request for Production of Documents #20 need not be specifically answered given the other information ordered to be provided. 14. In regard to Request for Production of Documents #21, the Defendant shall provide regular written correspondence or electronic correspondence he has in his possession which discloses any information regarding the Plaintiffs and the $42,000.00 he received from them. 15. The Defendant shall provide a copy of any title he has to any automobiles he owned between 2002 and 2005. 16. The Defendant shall provide a copy of the deed to his home. 17. The Defendant need not provide any information regarding child support or alimony payments inasmuch as that information is available through the state system. By the Court, ?W' I L?4 M. L. Ebert, Jr., J. John Kane, Esquire Attorney for Plaintiffs Elizabeth Saylor, Esquire Attorney for Defendant Juan Rivera bas 41 1 1 :Zd t fl33 t?04Z I KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. ATTY I.D. NO.: 91814 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 Plaintiffs, NO. 07-7760 CIVIL ACTION - LAW V. JUAN D. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive . Mechanicsburg, PA 17055 Defendant PLAINTIFF'S MOTION FOR PROTECTIVE ORDER Plaintiffs Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust (collectively "Plaintiffs") hereby move this Court for a Motion for Protective Order and aver as follows: Plaintiffs brought this action against Defendant Juan D. Rivera ("Defendant") to obtain relief from Defendant's failure and refusal to pay to Plaintiffs, as promised, the principal amount of $42,500.00 with interest, representing monies loaned to Defendant by Plaintiffs. 2. Defendant, on or about January 9, 2003, by way of e-mail asked Plaintiffs for a loan so that Defendant could pay accumulated debts, including credit card bills, car loan payments and school tuition totaling $42,482.32. See Exhibit "A," attached to Plaintiffs' First Amended Complaint. 3. On or about January 2, 2003, Plaintiffs agreed to loan Defendant monies to be used to pay accumulated debts and Defendant agreed to repay the loan with interest at a rate of 5% per year. 4. Defendant requested, and Plaintiffs agreed, that the loan repayment would commence effective January 11, 2004. 5. Plaintiffs, by letter dated January 14, 2003, instructed Goldman, Sachs and Co. to wire $42,500 to Defendant's account. See Exhibit "B" attached to Plaintiffs' First Amended Complaint. 6. On or about October 20, 2003, Plaintiffs forwarded to Defendant a schedule of loan payments to commence on January 1, 2004. See Exhibit "C" attached to Plaintiffs' First Amended Complaint. 7. Defendant has failed, and continues to fail, to make the monthly payments to Plaintiffs promised, and remains in default of his obligations under the contract entered into by the parties. 8. Plaintiffs have repeatedly sought to obtain the monies owed to them by Defendant, but Defendant has refused and continues to refuse to pay. 9. As such, Plaintiffs filed this action. 10. On November 20, 2008, Defendant propounded his First Set of Request for Production of Documents and First Set of Interrogatories. A copy of Defendant's Interrogatories and Requests for Production of Documents are attached hereto as Exhibits "A" & "B." 11. By way of those Discovery Requests Defendant is seeking certain financial information from Plaintiff. 12. In particular, Defendant seeks Plaintiffs' complete tax returns for 2003 through 2005. See Exhibit "A" at Request for Production No. 16. 2 13. Defendant is also seeking a computation of Plaintiffs' net worth and an analysis of Plaintiffs' net worth as compared to the loan they made to Defendant. See Exhibit "B" at Interrogatory No. 23. 14. Defendant is not entitled to this information and his requests are overly broad and seek information not relevant to this matter. 15. Further, the information he seeks is unreasonably oppressive and not sought in good faith. 16. Specifically, the crux of this matter relates to a loan made by Plaintiffs to Defendant for the sum of $42,500.00. 17. Whether or not Plaintiffs had the money to make the loan is irrelevant to that determination. 18. As such, Plaintiffs served their Answers and Objections to Defendant's Discovery Requests objecting to certain specific interrogatories and Requests for Production of Documents. A copy of Plaintiffs' Answers and Objections to Defendant's discovery requests are attached as Exhibits "C" and "D." 19. Plaintiffs now file this Motion for Protective Order as Plaintiffs' tax returns would not reflect any such loan and Defendant never began repayment of the loan as the parties agreed. 20. In fact, Defendant disputes that a loan was ever made. 21. Consequently, Plaintiffs' tax returns have no bearing on this matter and would not contain relevant information that would have any bearing on the ultimate issue before this Court. 22. Likewise, Plaintiffs' objection to Defendant's request for information related to Plaintiffs' net worth should be upheld. 23. Apparently, Defendant claims that this information is relevant to demonstrate that the loan Plaintiffs presented to him is a small percentage of what Plaintiffs are worth. 24. This information is not relevant and can only be seen as an attempt to obfuscate the issues before the Court. 25. Indeed, what Plaintiffs are worth or whether they had the money to provide Defendant with a loan has no bearing on whether they loaned the money to Defendant. 26. Rather, the fact remains that Defendant asked for a loan because he understood Plaintiffs' had money. The exact amount of their wealth in irrelevant to the loan they provided. 27. It is undisputed that Plaintiffs provided Defendant with the funds to pay off his debts. 28. Pa R. Civ. P. 4012 provides in pertinent part: "a) Upon motion by a party or by the person from whom discovery or deposition is sought, and for good cause shown, the court may make any order which justice requires to protect a party or person from unreasonable annoyance, embarrassment, oppression, burden or expense...." 29. "The granting of relief in a discovery proceeding is dependent upon a prima facie showing of necessity, since the relief is not to be granted as a matter of right." In re Estate of Roart, 390 Pa. Super. 38, 47, 568 A.2d 182, 187 (1989). 30. "The party moving for a protective order based on Pa. R. Civ. P. 4012 bears the burden of establishing the objectionable nature of the discovery he [or she] is withholding." Griffiths v. Ulmer, 55 DA CAth 370, 373 (C.C.P. Lacka. Cty. 2002). 31. In this case, Plaintiffs have met this burden as their tax returns contain sensitive information regarding their personnel finances which is objectionable and not relevant to whether they loaned Defendant the money. 32. The information contained in Plaintiffs' tax returns is the precise type of information that Rule 4012 is intended to protect. 4 33. In fact, Defendant disputes that a loan was made and has failed and has continued to fail to make any payments to Plaintiffs. 34. Therefore, Plaintiffs have not reflected the loan on their tax returns as there is nothing to reflect and they have received no "income" from the loan. 35. Further, Plaintiffs' tax returns should be protected under Pa. R. Civ. P. 4011. 36. The purpose of Rule 4011 is to prohibit broad and unfocused discovery requests seeking records that are likely to include confidential information and appear to have almost no relevance to the subject matter of the litigation. 37. As demonstrated previously, Plaintiffs tax returns are confidential and have no relevance to the subject matter of this litigation. 38. As such this information should be protected. 39. Likewise, Defendant's request for information related to Plaintiffs' net worth is equally unavailing. 40. First, Defendant is not seeking punitive damages against Plaintiffs. 41. Therefore, Defendant does not need Plaintiffs' tax returns and their net worth information to determine whether and to what extent Plaintiffs should be required to pay damages. 42. Second, such a request is not designed to obtain relevant information and is oppressive. 43. Indeed, the only issue that is relevant in this case is whether Plaintiffs had the money - which none of the parties dispute - and loaned it to Defendant as he requested. 44. The nature and extent of Plaintiffs' assets is but an ill disguised attempt to divert the focus of this claim from Defendant to Plaintiffs and cannot be tolerated. 45. Finally, in this matter, it is undisputed that Defendant received the money as he requested. 46. Plaintiffs' net worth does not have any bearing on that issue. 47. As of the date of this filing, the Court has granted in part and denied in part Defendant's Emergency Petition for Protective Order and Overruled Defendant's Preliminary Objections to Plaintiffs' Complaint. 48. Counsel for the parties conferred prior to the filing of this Motion and the parties were unable to agree on the relief sought by way of the same. WHEREFORE, Plaintiffs Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust, hereby request that the Court grant this Motion for Protective Order. Date: December 8, 2009 By: Edward J. Murphy, Jr., Esquire Attorney I.D. No. 91814 Kelley and Murphy, LLP 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 724-4600 (717) 724-4690 facsimile Counsel for Edgar G. Rios and Lillian Rios, Trustees of the Lillian Rios Revocable Trust 6 Respectfully submitted, ti LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED TO: Edgar G. Rios and Lillian Rios C/O Edward J. Murphy, Jr., Esquire NOTICE PLEASE TAKE NOTICE that Plaintiffs are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath to the following interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. These Interrogatories shall be deemed continuing. If between the time of your Answers and the time of trial of this case, you or anyone acting on your 1 behalf, learn of any further information not contained in your Answers, you shall promptly furnish this information to the undersigned by Supplemental Answers. INSTRUCTIONS 1. Each interrogatory is to be answered separately and as completely as possible. The fact that your investigation is continuing or that discovery is not complete should not be used as an excuse for failure to answer each interrogatory as fully as possible. 2. These interrogatories shall be deemed continuing in nature so as to require you to more fully respond if subsequent information is obtained. 3. Unless the interrogatory specifically states otherwise, references to the singular include the plural, and vice versa, references to one gender include the other gender, references to the past tense include the present tense, references to the present include the past, and disjunctive terms or phrases shall be read to include the conjunctive and vice versa. 4. If you cannot supply precise information, state your best estimate or approximation, including your best approximation of dates by reference to other events, when necessary, designated as such. 5. If you object to any portion or aspect of an interrogatory, answer the remainder. 6. If you object to furnishing any of the information requested by these interrogatories on the grounds of privilege, identify the information objected to by furnishing the following: (a) its date(s); 2 (b) those person(s) participating in its formulation; (c) the specific grounds on which your objection is based; (d) the specific interrogatory calling for such information; (e) a general description as to the nature, rather than the substance, of the purportedly objectionable information. 7. Your answer to each of these interrogatories should include the identity of each person or persons answering the interrogatory or providing assistance or Information for the answer. DEFINITIONS 1. The terms "Plaintiffs" "you" and "your" refer to Edgar and Lillian Rios and/or agents or representatives acting on Plaintiffs' behalf. 2. a. The term "Defendants" refers to Juan D. Rivera and/or Milagros Lozada Rivera and/or agents or representatives acting on Defendants' behalf. b. The term "Defendant Rivera" refers to Juan D. Rivera and/or agents or representatives acting on Defendant's behalf. c. The term "Defendant Lozada" refers to Milagros Lozada Rivera and/or agents or representatives acting on Defendant's behalf. 3. "Document" means any written, typewritten, handwritten, printed, recorded, or electronically stored material, including electronic and hard copies of e-mail, whether an original or copy, now or at any time in your possession, custody, or control. (a) Without limiting the term "control," as used in the preceding paragraph, a document is deemed to be in your control if you have the right to secure the document or a copy thereof from another person, representative, or public or private entity having actual possession thereof. (b) It a document is responsive to a request for identification or production and is in your control, but is not in your possession or custody, identify the person with possession or custody. (c) If any document was, but is no longer, in your possession or custody or subject to your control, state what disposition was made of it, by whom, and the date or dates or approximate date or dates on which such disposition was made. 4. "Person" shall mean a natural person or an artificial person, including partnerships, corporations, proprietorships, unincorporated associations, governmental bodies or any other legal cognizable entities. 5. "Date" shall mean the exact day, month and year, if known to defendant, or if the exact date is not known, the best available approximation. 6. "Identify" with respect to a document means to set forth the type of document (e.g., letter), its date, author(s), recipient(s), title, if any, and subject matter. It a document Is no longer in your possession, custody or control, so state, identify the document to the best of your knowledge, and state what disposition was made of it, when, and by whom. 7. "Identify" with respect to a natural person means to set forth his (or her) name, his (or her) last known business position and affiliation, and if he (or she) is not currently employed by you, his (or her) last known business and home address, including telephone numbers. Once a person has been fully identified in your answer, such person may be identif led thereafter by name alone. 8. "Identify" with respect to a person other than a natural person means to set forth its name and principal business address, the nature of its business, and the 4 name and position of the individual purporting to act or speak for it or on its behalf. 9. "Identify" with respect to oral communication means to set forth its date, the place it was conducted, the identity of the speaker(s), listener(s), and witness(es), and a description of its substance. INTERROGATORIES I ) State each and every fact that supports your allegation that you loaned rather than gifted the forty-two thousand, five hundred ($42,500.00) dollars to Defendants. ANSWER: 2) Identify each and every person you allege to have loaned the forty-two thousand, five hundred ($42,500.00) dollars to. ANSWER: 3) State each and every fact that supports your answer provided to the previous question. ANSWER: 5 4) Identify the substance of each and every communication you made to, or received from, Defendants that refer or relate to the subject matter of the Pleadings and/or the damages you claim to be entitled to. ANSWER: 5) Identify each person who may possess knowledge or information that is relevant to any claim or defense asserted in this matter, and describe in detail that individual's knowledge or information. ANSWER: 6) Explain your relationship with a) Defendant Rivera from January of 2002 to present; and b) Defendant Lozada from January of 2002 to present. ANSWER: 7) Identify whether you ever sent Defendants a promissory note and/or any other communicationslcorrespondences in regards to this action. ANSWER: 6 8) Identify whether you ever discussed and/or communicated regarding a repayment schedule for the forty-two thousand, five hundred ($42,500.00) dollars with Defendants, and describe each discussion and/or communication. ANSWER: 9) State each and every reason why you allegedly loaned forty-two thousand, five hundred ($42,500.00) dollars to Defendants. ANSWER: 10) State how the alleged loan to Defendants was reflected on your tax returns. ANSWER: 11) Identify any and all efforts made to collect the alleged loan of forty-two thousand, five hundred ($42,500.00) dollars made to Defendants. ANSWER: 7 V 12) For each person whom you know or believe has knowledge or information referring or relating to any of your claims and allegations or defenses in the Pleadings, identify each such person and describe in detail that Individual's knowledge or information. ANSWER: 13) Identify the name and address of each person who you have retained, or intend to retain, as an expert in this matter. Separately for each such expert provide the following information: describe in detail the substance of the facts and opinions to which each such expert is expected to testify and the grounds for each such opinion; and describe in detail all prior retentions, relationships, dealings, and transactions between each such expert and/or your, and/or your attorneys, if any. ANSWER: 14) Identify all correspondence, memoranda or other documents between you and the Defendants concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case, and provide copies of all such documents. ANSWER: 8 15) Identify all tape recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things, and materials that you have which reflect, relate to, or concern your claims, allegations or defenses you have made, will make or were made against you in this case, and provide copies of all such documents, things, and materials. ANSWER: 16) Has any person given a statement or factual information, oral or written (herein "statement(s)") to your or to your attorney about this case, and, 9 so, identify the person who gave each such statement(s); identify to whom the statement(s) was given, the date the statement(s) was given, and who was present when this statement(s) was given; and summarize the information in each such statement(s). ANSWER: 17) State each and every fact upon which you rely on as the basis for each and every allegation and/or defense asserted in your Pleadings. ANSWER: 9 18) Identify any and all persons you intend to call as witnesses at the time of trial. ANSWER: 19) Identify each expert witness that you plan to have testify on your behalf at the time of trial, and state with respect to each expert wiliness the name, address and special qualifications of the expert, including, specially, his/her educational background, academic, professional and vocational background, including the name and address of each such expert's present employer, a job description of each such expert's duties and responsibilities, the job title for that individual, the length of time that each such expert has held that particular position described, list of all published articles or treatises authored by each expert witness including the title of the article, the publication in which it appeared and the date of publication. ANSWER: 20) State the substance of the facts and opinions to which each such expert is expected to testify on your behalf and summarize the grounds upon which each such opinion is based which you expect your expert to offer testimony; and state whether the facts and opinions listed above are contained in a written report, memorandum, or other transcript, and if so, describe the identity of any such document including the name, address, and job title of the present custodian of all such documents. ANSWER: 10 21) State the name and address of each person who supplied information for the answers of these interrogatories and the specific interrogatory numbers for which they provided such information. ANSWER: 22) State whether Defendants have ever promised to repay you all or any part of the forty-two thousand, five hundred ($42,500.00) dollars you received from them. If your response is in the positive, state each and every fact that supports your contention. ANSWER: 23) Identify what percentage of your net worth for the year of 2002 did the alleged loan constitute? ANSWER: Date: Respectfully submitted, Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED VERIFICATION 1, Edgar G. Rios, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Date: Edgar G. Rios I, Lillian Rios, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Date: Lillian Rios 12 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar 0. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that on 111ANI I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: FIRST CLASS MAIL Edward J. Murphy, Jr. Esquire Milagros Lozado Rivera Kelley and Murphy, LLP 8103 S. Palm Drive 81h Floor Apt. 120 240 North Third Street Pembroke Pines, FL 33025 Harrisburg, PA 17101 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashley ipe, Paral gal 13 m n c-1 r?r+ v (RI J LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED DEFENDANT JUAN D. RIVERA'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS EDGAR G. AND LILLIAN RIOS TO: Edgar G. Rios and Lillian Rios C/O Edward J. Murphy, Jr., Esquire The Defendant, Juan D. Rivera, hereby serves upon the Plaintiffs the following written request to produce documents described below for inspection and copying by the undersigned. Pursuant to Rules 4003.4 and 4009 of the Pennsylvania Rules of Civil Procedure, you are hereby requested to produce the documents described below for said inspection and copying. The documents requested are to be produced at the Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 within thirty (30) days after the service of this Request upon counsel for Plaintiffs. DEFINITIONS AND INSTRUCTIONS 1. The terms "Plaintiffs" "you" and "your" refer to Edgar and Lillian Rios and/or agents or representatives acting on Plaintiffs' behalf. 2. a. The term "Defendants" refers to Juan D. Rivera and/or Milagros Lozada Rivera and/or agents or representatives acting on Defendants' behalf. b. The term "Defendant Rivera" refers to Juan D. Rivera and/or agents or representatives acting on Defendant's behalf. c. The term "Defendant Lozada" refers to Milagros Lozada Rivera and/or agents or representatives acting on Defendant's behalf. 3. The tern "document" means any writing or record known to you or your attorneys, of any type of description, including, but not limited to, originals and copies of correspondence, letters, contracts, agreements, statements, telegrams, telexes, intraoffice communications, memoranda, reports, publication, certificates, notes, notebooks, diaries, minutes, computer tapes, cards and printouts and all other photographic and retrievable data (whether incarded, taped or coded electrostatically, electromagnetically or otherwise), photographs, videotapes, photographic films, motion pictures, microfilm, tape recordings, transcripts of telephone conversations, and all other documents and material, including any non- identical copy (whether different from the original because of alterations, notes, comments, or other material contained therein or attached thereto or enclosures therein or otherwise) and whether it is a draft or final version. 4. The term "correspondence" includes written communications and oral 2 communications, whether in person, by telephone, by mechanical or electronic reproduction or otherwise. 5. With respect to documents, the term "identify" means to give the date, title, author and addressee; identify with respect to documents further means: (a) to describe a document sufficiently well to enable the Interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (b) to describe it in a manner suitable for use as a description in a subpoena; (c) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. 6. "Identify" when used in reference to an individual means: (a) to state his/her full name; (b) present residence address or last (mown residence; (c) present or last known business address; (d) present employer or last known employer; (e) whether ever employed by any party to this action and, if so, the dates he/she was employed by such party, the name of such party, and the last position held as an employee of such party. 7. Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. 3 8. Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not (mown; and then the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. REQUEST FOR PRODUCTION OF DOCUMENTS 1) All documents that refer or relate to this legal action. ANSWER: 2) Any and all correspondence, data, memoranda and/or documents that refer or relate to the forty-two thousand, five hundred ($42,500.00) dollars you alleged to have loaned to Defendant Rivera. ANSWER: 3) All non-privileged correspondences that refer or relate to the facts set forth in the Pleadings. ANSWER: 4 4) All documents that refer or relate to the Exhibits attached to the Pleadings. ANSWER: 5) All documents that support your claim that the forty-two thousand, five hundred ($42,500.00) dollars was given as a loan to Defendants. ANSWER: 6) All documents that support your claim that Defendants were to repay Plaintiffs the forty-two thousand, five hundred ($42,500.00) dollars, Including, but not limited to, all documents related to the formation of any alleged loan and/or repayment agreement. ANSWER: 7) All documents that refer or relate to any payments Plaintiff received with regard to the forty-two thousand, five hundred ($42,500.00) dollars. ANSWER: 5 8) All documents that refer or relate to any debts, loans, financial obligations, tuition payments, credit card bills and/or payments made with the forty-two thousand, five hundred ($42,500.00) dollars you alleged you loaned to Defendants. ANSWER: 9) Each and every document, item, material and thing identified in your responses to Defendant's First Set of Interrogatories Addressed to Plaintiffs. ANSWER: 10) All documents that you maintained as personal records, notes and/or diaries, including documentation, e-mails, writings, and video or audio tape recordings, of communications, conversations, and/or discussions with Defendants evidencing, supporting, refuting, referring or relating in any way to your claims in this matter. ANSWER: 6 11) All reports, correspondence, and other documents that any expert(s) identified in your response to Defendant's Interrogatories have prepared, relied on, produced, utilized, referred to, transmitted, or communicated in connection with this matter, including all drafts of reports, correspondence and other documents, including all mark-ups of each. ANSWER: 12) All correspondence, memoranda or other documents between you and Defendants concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case. ANSWER: 13) All tape recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things and materials that you have which refer to, or concern your claims, allegations or defenses you have made, will make or were made against you in this case. ANSWER: 7 14) All documents relating to any attempts to collect the alleged loan, including, but not limited to, all promissory notes provided to Defendants with regard to the forty-two thousand, five hundred ($42,500.00) dollars you alleged to have loaned Defendants. ANSWER: 15) All electronic data, a-mails and/or metta-data that refers to or relates to Defendants, the forty-two thousand, five hundred ($42,500.00) dollars you alleged to have loaned thereto and/or the financial obligations, debts, loans, tuition payments and/or credit bills paid with the forty-two thousand, five hundred ($42,500.00) dollars. ANSWER: 16) Your completed tax returns (Federal, State and local) for the years 2002 through the present, including all attachments and all schedules to the tax returns. ANSWER: 8 17) All documents, communications, graphs, charts, tables, statements, records, receipts, computations, and items to be produced or introduced at trial. ANSWER: Respec ully submitted, Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 ' y Date: 11-w 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant are true and correct. I understand that false statements herein are made subject to 1, Edgar G. Rios, verify that the statements made in the foregoing document CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED VERIFICATION the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Date: Edgar G. Rios 1, Lillian Rios, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Date: Lillian Rios 10 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717} 591-1755 Attorneys for Defendant Juan D. Rivera IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera Defendant CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE hereby certify that on ?ti j OF' I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: FIRST CLASS MAIL Edward J. Murphy, Jr. Esquire Kelley and Murphy, LLP 8t' Floor 240 North Third Street Harrisburg, PA 17101 Milagros Lozado Rivera 8103 S. Palm Drive Apt. 120 Pembroke Pines, FL 33025 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: 11 m n m v EDGAR G. RIOS AND LILLIAN RIOS 658 Live Oak Drive McLean, VA 22101 Plaintiffs V. JUAN D. RIVERA 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-7760 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' EDGAR G. RIOS AND LILLIAN RIOS ANSWERS AND OBJECTIONS TO DEFENDANT'S FIRST SET OF INTERROGATORIES Plaintiffs Edgar G. Rios and Lillian Rios ("Plaintiffs") by their undersigned attorneys, ........................ ....................................................... . hereby submit their Answers and Objections to the First Set of Interrogatories of the Defendant, Juan D. Rivera by Elizabeth J. Saylor, Esquire, his attorney in fact ("Defendant"). GENERAL OBJECTIONS: 1. Plaintiffs object generally to all of Defendant's Interrogatories to the extent that they seek the disclosure of information protected by the attorney-client privilege. 2. Plaintiffs object generally to all of Defendant's Interrogatories to the extent they seek the disclosure of mental impressions, conclusions, opinions, memoranda, notes, summaries, legal research or legal theories of Defendant's counsel. 3. Plaintiffs object generally to all of Defendant's Interrogatories to the extent that they seek the disclosure of mental impressions, conclusions or opinions of Plaintiffs or any representatives of Plaintiffs respecting the value or merit of a claim or defense or respective in strategy or tactics. 4. Plaintiffs object generally to all of Defendant's Interrogatories to the extent they seek disclosure of information beyond the scope of the Pennsylvania Rules of Civil Procedure. 5. Plaintiffs object to the "Definitions" and "Instructions" sections of Defendant's Discovery Requests to the extent that they serve to impose discovery obligations beyond those set forth in the Pennsylvania Rules of Civil Procedure or any Case Management Orders that may be entered in this action, 6. Plaintiffs object generally to those Discovery Requests that exceed the permissible scope of discovery under the Pennsylvania Rules of Civil Procedure. ANSWERS TO INTERROGATORIES 1. State each and every fact that supports your allegation that you loaned rather than gifted the forty-two thousand, five hundred ($42,500.00) dollars to Defendants. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "each and every fact that supports your allegation that you loaned rather than gifted the forty-two thousand, five hundred ($42,500.00) dollars to Defendants." Subject to, and without waiving these objections or Plaintiffs general objections, Plaintiffs state on or about November, 2002 Defendant Lozada informed Plaintiff Lillian Rios that she and Defendant Rivera were having financial difficulties and were in desperate need of a loan to consolidate outstanding credit card, auto and other miscellaneous obligations. Plaintiff Lillian Rios subsequently discussed this request with Plaintiff Edgar Rios who requested from the Defendants a list of the obligations in question. On or about January 9, 2003, Defendant Rivera did in fact send Plaintiff Rios the requested list. I On or about January 11, 2003 Defendants met with Plaintiffs at which point Plaintiffs agreed to loan Defendants forty-two thousand, five hundred dollars ($42,500.00) and Defendants agreed to pay back to Plaintiffs the forty-two thousand, five hundred dollars ($42,500.00) at the rate of three hundred and fifty dollars ($350.00) per month. That was the amount Plaintiff Rivera indicated he could afford to pay. Plaintiff Rios indicated to Defendants that a "Promissory Note" would be prepared for their signature and both Defendants agreed to execute said promissory note. On or about January 14, 2003, Plaintiff Rios authorized Goldman Sachs & Co. to wire transfer to the Defendant's bank account at Waypoint Bank in Etters, Pennsylvania forty-two thousand, five hundred dollars ($42,500.00) as agreed. The funds were wired on that date. ........... ................... _.... ........ On or about December 2003 a "Promissory Note" evidencing the agreement with an attached schedule of payments was prepared by West & Feinberg, PC Attorneys at Law and forwarded to Defendants for execution. 2. Identify each and every person you allege to have loaned the forty-two thousand, five hundred ($42,500.00) dollars to. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks that Plaintiffs "Identify each and every person you allege to have loaned the forty-two thousand, five hundred ($42,500.00) dollars to." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state see Plaintiffs' answer to Interrogatory No. 1. 3 3. State each and every fact that supports your answer provided to the previous question. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "each and every fact that supports your answer provided to the previous question." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state see Plaintiffs' answer to Interrogatory No. 1. 4. Identify the substance of each and every communication you made to, or received from, Defendants that refer or relate to the subject matter of the Pleadings and/or the damages you claim to be entitled to. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks that Plaintiffs identify the substance of each and every communication you made to, or received from, Defendants that refer or relate to the subject matter of the Pleadings and/or the damages you claim to be entitled to." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state see Plaintiffs' answer to Interrogatory No. 1. 5. Identify each person who may possess knowledge or information that is relevant to any claim or defense asserted in this matter, and describe in detail that individual's knowledge or information." 4 ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks that Plaintiffs identify each person who may possess knowledge or information that is relevant to any claim or defense asserted in this matter, and describe in detail that individual's knowledge or information." Further, this Interrogatory seeks information potentially prohibited from disclosure by the attorney-client and work-product privilege. Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state Defendant Rivera; he knows that Plaintiffs agreed to lend him and his wife Forty- two thousand, five hundred dollars ($42,500.00) and he has direct knowledge of his own agreement to pay back the loan at the rate of three hundred and fifty dollars ($350.00) per month. Defendant Lozada; has direct knowledge that the loan was made and of Defendant's agreement to pay it back. Plaintiffs Lillian and Edgar Rios; have direct knowledge of the facts recited in response to Interrogatory 1. Grizel Rios Arboleda and Steven Arboleda were informed by Defendant Rivera that the funds the Defendants received from the Plaintiffs were in deed a loan. 6. Explain your relationship with (a) Defendant Rivera from January of 2002 to present; and (b) Defendant Lozada from January of 2002 to present. ANSWER: This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of 5 admissible evidence to the extent that it seeks an explanation of your relationship with, (a) Defendant Rivera from January of 2002 to present; and (b) Defendant Lozada from January of 2002 to present." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state the following that Plaintiffs considered Defendant Rivera a friend until he decided to dispute that the funds we transferred to his account were in fact a loan. Defendant Lozada is the mother to Plaintiff Edgar Rios' niece, Grizel Rios Arboleda. 7. Identify whether you ever sent Defendants a promissory note and/or any other communications/correspondences in regards to this action. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "whether you ever sent Defendants a promissory note and/or any other communications/correspondences in regards to this action." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state see Plaintiffs' answer to Interrogatory No. 1. 8. Identify whether you ever discussed and/or communicated regarding a repayment schedule for the forty-two thousand, five hundred ($42,500.00) dollars with Defendants, and describe each discussion and/or communication. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "whether you ever discussed and/or communicated regarding a repayment schedule for the forty-two thousand, five hundred 6 ($42,500.00) dollars with Defendants, and describe each discussion and/or communication." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state see Plaintiffs' answer to Interrogatory No. I . 9. State each and every reason why you allegedly loaned forty-two thousand, five hundred dollars ($42,500.00) dollars to Defendants. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "each and every reason why you allegedly loaned forty-two thousand, five hundred dollars ($42,500.00) dollars to Defendants." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state Defendants appeared to have a legitimate need for the loan. Accordingly, when Defendants requested the loan, Plaintiffs complied. 10. State how the alleged loan to Defendants was reflected on your tax returns. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "how the alleged loan to Defendants was reflected on your tax returns." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state the "alleged" loan has not been reflected in anyway on Plaintiffs' tax returns. 11. Identify any and all efforts made to collect the alleged loan of forty-two thousand, five hundred ($42,500.00) dollars made to Defendants. 7 ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks that Plaintiffs "Identify any and all efforts made to collect the alleged loan of forty-two thousand, five hundred ($42,500.00) dollars made to Defendants." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state Plaintiff Edgar Rios called Defendant Rivera in September of 2007 and requested that he begin making payments. Defendant Rivera acknowledged the obligation but indicated he was not in a position to make any payments. By letter dated September 28, 2007, Plaintiff's attorney James M. Peppe of the Law Offices of West & Feinberg, P.C. sent Defendant Rivera a letter demanding payment of the Forty-two thousand, five hundred dollars ($42,500.00). By letter dated October 12, 2007, Plaintiffs attorney James M. Peppe of the Law Offices of West & Feinberg, P.C. sent Defendant Rivera a new Promissory Note dated October 1, 2007. Mr. Peppe also had a telephone conversation with Defendant Rivera concerning the loan. Prior to September of 2007, Plaintiffs refrained from taking any steps to collect the debt because Defendants were having marital difficulties, financial difficulties and Defendant Rivera was facing criminal charges. 12. For each person whom you know or believe has knowledge or information referring or relating to any of your claims and allegations or defenses in the Pleadings, identify each such person and describe in detail that individual's knowledge or information. ANSWER: Objection. This lnterrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery 8 of admissible evidence to the extent that it seeks "For each person whom you know or believe has knowledge or information referring or relating to any of your claims and allegations or defenses in the Pleadings, identify each such person and describe in detail that individual's knowledge or information." Further, this Interrogatory seeks information potentially prohibited from disclosure by the attorney-client and work-product privilege. Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state in addition to the individuals identified in response to Interrogatory 5, Julie Ann Garber, and James M. Peppe, Esq. of the Law Offices of West & Feinberg, P.C., Grizel Rios Arboleda and Steven Arboleda. 13. Identify the name and address of each person who you have retained, or intend to retain, as an expert in this matter. Separately for each such expert provide the following information: describe in detail the substance of the facts and opinions to which each such expert is expected to testify and the grounds for each such opinion; and describe in detail all prior retentions, relationships, dealings, and transactions between each such expert and/or your, and/or your attorneys, if any. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "Identify the name and address of each person who you have retained, or intend to retain, as an expert in this matter. Separately for each such expert provide the following information: describe in detail the substance of the facts and opinions to which each such expert is expected to testify and the grounds for each such opinion; and describe in detail all prior retentions, relationships, dealings, and transactions between each such expert and/or your, and/or your attorneys, if any." Subject to, and without 9 waiving these objections or Plaintiffs' general objections, Plaintiffs state they have yet to identify who they will use as an expert in this matter. Plaintiffs reserve the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure and/or any case management orders entered in this matter. 14. Identify all correspondence, memoranda or other documents between you and the Defendants concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case, and provide copies of all such documents. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks that Plaintiffs' "Identify all correspondence, memoranda or other documents between you and the Defendants concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case, and provide copies of all such documents." Further, this Interrogatory seeks information potentially prohibited from disclosure by the attorney-client and work-product privilege. Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs are producing the documents by which the answer to this Interrogatory may be derived or ascertained and the burden is the same for Plaintiffs and Defendant. 15. Identify all type recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things, and materials that you have which reflect, relate to, or concerning your claims, allegations or defenses you have made, will make or were made against you in this case, and provide copies of all such documents, things, and materials. 10 ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks that Plaintiffs "Identify all type recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things, and materials that you have which reflect, relate to, or concerning your claims, allegations or defenses you have made, will make or were made against you in this case, and provide copies of all such documents, things, and materials." Further, this Interrogatory seeks information potentially prohibited from disclosure by the attomey-client and work-product privilege. Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs are producing .. ........... . ................ . . the documents by which the answer to this Interrogatory may be derived or ascertained and the burden is the same for Plaintiffs and Defendant. 16. Has any person given a statement or factual information, oral or written (herein "statement(s)") to your or to your attorney about this case, and, if so, identify the person who gave each such statement(s); identify to whom the statement(s) was given, the date the statement(s) was given, and who was present when this statement(s) was given; and summarize the information in each such statement(s). ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "whether any person given a statement or factual information, oral or written (herein "statement(s)") to your or to your attorney about this case, and, if so, identify the person who gave each such statement(s); identify 11 to whom the statement(s) was given, the date the statement(s) was given, and who was present when this statement(s) was given; and summarize the information in each such statement(s)." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state Defendant Lozada and Defendant Rivera, Grizel Rios Arboleda. Defendant Lozada has always admitted that the funds transferred to Defendant's account on January 14, 2003 constituted a loan to Defendants. In a telephone conversation between Defendant Rivera and Plaintiff Edgar Rios in September of 2007, Defendant Rivera acknowledged the obligation but indicated he was not in a position to make any payments. In a telephone conversation between Defendant Rivera and Attorney James M. Peppe in October of 2007 Defendant Rivera acknowledged the obligation. In a conversation between Defendant Rivera and Grizel Rios Arboleda, Defendant Rivera admitted that the funds transferred to Defendant's account by Plaintiffs were in deed a loan. In a conversation between Defendant Rivera and Steven Arboleda, Defendant Rivera admitted that the funds transferred to Defendant's account by Plaintiffs in January of 2003 constituted a loan and not a gift. 17. State each and every fact upon which you rely on as the basis for each and every allegations and/or defense asserted in your Pleadings. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "each and every fact upon which you rely on as the basis for each and every allegations and/or defense asserted in your Pleadings." 12 Further, this Interrogatory seeks information potentially prohibited from disclosure by the attorney-client and work-product privilege. 18. Identify any and all persons you intend to call as witnesses at the time of trial. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks that Plaintiffs "Identify any and all persons you intend to call as witnesses at the time of trial." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state they have yet to identify who they intend to call as a witness at the time of trial of this matter. Plaintiffs reserve the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure and/or any case management orders entered in this matter. 19. Identify each expert witness that you plan to have testify on your behalf at the time of trial, and state with respect to each expert witness the name, address and special qualifications of the expert, including, specially, his/her educations background, academic, professional and vocational background, including the name and address of each such expert's present employer, a job description of each such expert's duties and responsibilities, like job title for that individual, the length of time that each such expert has held that particular position described, list of all published articles or treatises authored by each expert witness including the title of the article, the publication in which it appeared and the date of publication. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of 13 admissible evidence to the extent that it seeks that Plaintiffs' "identify each expert witness that you plan to have testify on your behalf at the time of trial, and state with respect to each expert witness the name, address and special qualifications of the expert, including, specially, his/her educations background, academic, professional and vocational background, including the name and address of each such expert's present employer, a job description of each such expert's duties and responsibilities, like job title for that individual, the length of time that each such expert has held that particular position described, list of all published articles or treatises authored by each expert witness including the title of the article, the publication in which it appeared and the date of publication." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state they have yet to identify who they will use as experts at the time of trial of this matter. Plaintiffs reserve the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure and/or any case management orders entered in this matter. 20. State the substance of the facts and opinions to which each such expert is expected to testify on your behalf and summarize the grounds upon witch each such opinion is based which you expect your expert to offer testimony; and state whether the facts and opinions listed above are contained in a written report, memorandum, or other transcript, and if so, describe the identity of any such document including the name, address, and job title of the present custodian of all such documents. ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "State the substance of the facts and opinions to 14 which each such expert is expected to testify on your behalf and summarize the grounds upon witch each such opinion is based which you expect your expert to offer testimony; and state whether the facts and opinions listed above are contained in a written report, memorandum, or other transcript, and if so, describe the identity of any such document including the name, address, and job title of the present custodian of all such documents." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state they have yet to identify who they will call as an expert at the time of trial of this matter. Plaintiffs reserve the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure and/or any case management orders entered in this matter. 21. State the name and address of each person who supplied information for the answers to these interrogatories and the specific interrogatory numbers for which they provided such information. ANSWER- Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "the name and address of each person who supplied information for the answers to these interrogatories and the specific interrogatory numbers for which they provided such information." Subject to, and without waiving these objections or Plaintiffs' general objections, Plaintiffs state Plaintiff, Edgar G. Rios, and his counsel. 22. State whether Defendants have ever promised to repay you all or any part of the forty-two thousand, five hundred ($42,500.00) dollars you received from them. If you response is in the positive, state each and every fact that supports your contention. 15 ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "whether Defendants have ever promised to repay you all or any part of the forty-two thousand, five hundred ($42,500.00) dollars you received from them. If you response is in the positive, state each and every fact that supports your contention." Subject to, and without waiving these objections or Plaintiffs objections, Plaintiffs state see Plaintiffs' answers to Interrogatories Nos. 1 and 16. 23. Identify what percentage of your net worth for the year of 2002 did the alleged loan constitute? ANSWER: Objection. This Interrogatory is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "Identify what percentage of your net worth for the year of 2002 did the alleged loan constitute." Atty I.D. No.: 24759 Edward J. Murphy, Jr., Esquire Atty I.D. No.: 91814 Kelley & Murphy, LLP 240 North 3`d Street, 8" Floor Harrisburg, PA 17101 (717) 724-4600 Attorneys for Plaintiffs Edgar G. Rios and Lillian Rios Date: January 26, 2009 Respectfully submitted, Jan 26 2008 12:41 HP LRSERJET FRX VERIFICATION 1, EDGAR RIOS, hereby verify that the facts contained in the foregoing ANSWERS AND OBJECTIONS TO DEFENDANT'S FIRST SET OF INTERROGATORIES are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unswom falsification to authorities. P.5 DATE oa9 Jan 26 2003 12:41 HP LRSERJET FRX VERMCATION I, LILLIAN BIOS, hereby verify that the facts contained in the foregoing ANSWERS AND OBJECTIONS TO DEFENDANT'S FIRST SET OF TNTERROGATORILS are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unswom falsification to authorities. p.3 DATE: ZG 6 CERTIFICATE OF SERVICE I, Edward J. Murphy, Jr., Esquire, do hereby certify that a true and correct copy of the forgoing was mailed via USPS First Class Mail, postage prepaid this 26th day of January, 2009, to the below listed parties. Elizabeth J. Saylor, Esquire Peter J. Russo, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 240 North 3`a Street, 8Floor Harrisburg, PA 17101 (717) 724-4600 Attorneys for Plaintiffs Edgar G. Rios and Lillian Rios J EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 NO. 07-7760 CIVIL ACTION - LAW Plaintiffs . V. JUAN D. RIVE, RA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant PLAINTIFFS' EDGAR G. RIOS AND LILLIAN RIOS ANSWERS AND OBJECTIONS TO DEFENDANT'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiffs_Edgar-G-Rios and Lillian Rios-("Plaintiffs') by their undersigned attorneys;-- hereby submit their Answers and Objections to the First Set of Request for Production of Documents of the Defendant, Juan D. Rivera by Elizabeth J. Saylor, Esquire, his attorney in fact C'Defendant") GENERAL OBJECTIONS: 1. Plaintiffs object generally to all of Defendant's Requests to the extent that they seek the disclosure of information protected by the attorney-client privilege. 2. Plaintiffs object generally to all of Defendant's Requests to the extent they seek the disclosure of mental impressions, conclusions, opinions, memoranda, notes, summaries, legal research or legal theories of Defendant's counsel. 3. Plaintiffs object generally to all of Defendant's Requests to the extent that they seek the disclosure of mental impressions, conclusions or opinions of Plaintiffs or any representatives of Plaintiffs respecting the value or merit of a claim or defense or respective in strategy or tactics. 4. Plaintiffs object generally to all of Defendant's Requests to the extent they seek disclosure of information beyond the scope of the Pennsylvania Rules of Civil Procedure. 5. Plaintiffs object to the "Definitions" and "Instructions" sections of Defendant's Discovery Requests to the extent that they serve to impose discovery obligations beyond those set forth in the Pennsylvania Rules of Civil Procedure or any Case Management Orders that may be entered in this action. b. Plaintiffs object generally to those Discovery Requests that exceed the permissible scope of discovery under the Pennsylvania Rules of Civil Procedure. ANSWERS TO REQUESTS FOR PRODUCTION 1. All documents that refer or relate to this legal action. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents that refer or relate to this legal action." Further, this Request seeks information potentially protected from disclosure by the attorney-client and work-product privilege. Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. 2. Any and all correspondence, data, memoranda and/or documents that refer or relate to the forty-two thousand, five hundred ($42,500.00) dollars you alleged to have loaned to Defendant Rivera. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not 2 reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "Any and all correspondence, data, memoranda and/or documents that refer or relate to the forty- two thousand, five hundred ($42,500.00) dollars you alleged to have loaned to Defendant Rivera." Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. 3. All non-privileged correspondence that refer or relate to the facts set forth in the Pleadings. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All non-privileged correspondence that refer or relate to the facts set forth in the Pleadings." Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. 4. All documents that refer or relate to the Exhibits attached to the Pleadings. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents that refer or relate to the Exhibits attached to the Pleadings." Further, this Request seeks information potentially protected from disclosure by the attorney-client and work- product privilege. Subject to and without waiving these objections, or Plaintiffs' general objections, 0 such relevant documents in Plaintiffs' possession have been produced. All documents that support your claim that the forty-two thousand, five hundred ($42,500.00) dollars was given as a loan to Defendants. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents that support your claim that the forty-two thousand, five hundred ($42,500.00) dollars was given as a loan to Defendants." Subject to and without waiving these objections, or plaintiffs, general objections, all such relevant documents in Plaintiffs' possession have been produced. .......... .. . 6. All documents that support your claim that Defendants were to repay Plaintiffs the forty-two thousand, five hundred ($42,500.00) dollars, including, but not limited to, all documents related to the formation of any alleged loan and/or repayment agreement. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents that support your claim that Defendants were to repay Plaintiffs the forty-two thousand, five hundred ($42,500.00) dollars, including, but not limited to, all documents related to the formation of any alleged loan and/or repayment agreement." Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. 7. All documents that refer or relate to any payments Plaintiff received with regard to the forty-two thousand, five hundred ($42,500.00) dollars. 4 ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents that refer or relate to any payments Plaintiff received with regard to the forty- two thousand, five hundred ($42,500.00) dollars." Subject to and without waiving these objections, or Plaintiffs' general objections, no such documents exist as Defendant has not made any payments with respect to the loan. 8. All documents that refer or relate to any debts, loans, financial obligations, tuition payments, credit card bills and/or payments made with the forty-two thousand, five hundred ($42,500.00) dollars you alleged you loaned to Defendants. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents that refer or relate to any debts, loans, financial obligations, tuition payments, credit card bills and/or payments made with the forty-two thousand, five hundred ($42,500.00) dollars you alleged you loaned to Defendants." Subject to and without waiving these objections, or Plaintiffs' general objections, no such documents exist as the loan was made to Defendants. 9. Each and every document, item, material and thing identified in your responses to Defendant's First Set of Interrogatories Addressed to Plaintiffs. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not 5 reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "Each and every document, item, material and thing identified in your responses to Defendant's First Set of Interrogatories Addressed to Plaintiffs." Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. 10. All documents that you maintained as personal records, notes and/or dairies, including documentation, e-mails, writings, and video or audio type recordings, of communications, conversations, and/or discussions with Defendants evidencing, supporting, refuting, referring or relating in any way to your claims in this matter. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents that you maintained as personal records, notes and/or dairies, including documentation, e-mails, writings, and video or audio type recordings, of communications, conversations, and/or discussions with Defendants evidencing, supporting, refuting, referring or relating in any way to your claims in this matter." Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. 11. All reports, correspondence, and other documents that any expert(s) identified in y our response to Defendant's Interrogatories have prepared, relied on, produced, utilized, referred to, transmitted, or communicated in connection with this matter, including all drafts of reports, correspondence and other documents, including all mark-ups of each. 16 4 ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All reports, correspondence, and other documents that any expert(s) identified in y our response to Defendant's Interrogatories have prepared, relied on, produced, utilized, referred to, transmitted, or communicated in connection with this matter, including all drafts of reports, correspondence and other documents, including all mark-ups of each." Subject to and without waiving these objections, Plaintiffs have yet to identify who they will use as an expert in this matter. Plaintiffs reserve the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure and/or any case management orders entered in this matter. 12. All correspondence, memoranda or other documents between you and Defendants concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All correspondence, memoranda or other documents between you and Defendants concerning, relating to, or referring to any of the claims, allegations and/or defenses you have made, will make, or were made against you in this case." Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. Plaintiffs reserve the right to supplement this response in accordance with the 7 Pennsylvania Rules of Civil Procedure and/or any case management orders entered in this matter. 13. All tape recordings, records, correspondence, notes, memoranda, computer data, and all other documents, things and materials that you have which refer to, or concern your claims, allegations or defenses you have made, will make or were made against you in this case. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All tape recordings, records, correspondence, notes, memoranda, computer data, and all other ... .. ................... documents, things and materials that you have which refer to, or concern your claims, allegations or defenses you have made, will make or were made against you in this case." Further, this Request seeks information potentially protected from disclosure by the attorney-client and work- product privilege. Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. Plaintiffs reserve the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure and/or any case management orders entered in this matter. 14. All documents relating to any attempts to collect the alleged loan, including, but not limited to, all promissory notes provided to Defendants with regard to the forty-two thousand, five hundred ($42,500.00) dollars you alleged to have loaned Defendants. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents relating to any attempts to collect the alleged loan, including, but not limited to, all promissory notes provided to Defendants with regard to the forty-two thousand, five hundred ($42,500.00) dollars you alleged to have loaned Defendants." Further, this Request seeks information potentially protected from disclosure by the attorney-client and work-product privilege. Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. 15. All electronic data, a-mails and/or metta-data that refers to or releases to Defendants, the forty-two thousand, five hundred (42,500.00) dollars you alleged to have loaned thereto and/or the financial obligations, debts, loans, tuition payments and/or credit bills paid with the forty-two thousand, five hundred ($42,500.00) dollars. ANSNM, R: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All electronic data, a-mails and/or metta-data that refers to or releases to Defendants, the forty- two thousand, five hundred (42,500.00) dollars you alleged to have loaned thereto and/or the financial obligations, debts, loans, tuition payments and/or credit bills paid with the forty-two thousand, five hundred ($42,500.00) dollars." Subject to and without waiving these objections, or Plaintiffs' general objections, all such relevant documents in Plaintiffs' possession have been produced. 16. Your completed tax returns (Federal, State and local) for the years 2002 through the present, including all attachments and all schedules to the tax returns. 9 ANSWER: Objection. This Request for Production of Documents is overly broad, unduly burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "Your completed tax returns (Federal, State and local) for the years 2002 through the present, including all attaclunents and all schedules to the tax returns:" 17. All documents, communications, graphs, charts, tables, statements, records, receipts, computations, and items to be produced or introduced at trial. ANSWER: Objection. This Request for Production of Documents is overly broad, unduly ...... ... ......._............ ........ .. burdensome, seeks information that is irrelevant, is vague and unintelligible and is not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks "All documents, communications, graphs, charts, tables, statements, records, receipts, computations, and items to be produced or introduced at trial." Subject to and without waiving these objections, or Plaintiffs' general objections, Plaintiffs have yet to identify who they will use as an expert in this matter. Plaintiffs reserve the right to supplement this response in 10 accordance with the Pennsylvania Rules of Civil Procedure and/or any case management orders entered in this matter. Respectfully submitted, & MURPHY, LLP BY: -Atty+: 24759 Edward J. Murphy, Jr., Esquire Atty I.D. No.: 91814 Kelley & Murphy, LLP 240 North P Street, 8" Floor Harrisburg, PA 17101 (717) 7244600 Attorneys for Plaintiffs Edgar-G;:.-Rios and Lillian Rios Date: January 26, 2009 11 • Jan 26 2009 12:41 HP LRSERJET FRX VERIFICATION I, EDGAR BIOS, hereby verify that the facets contained in the foregoing ANSWERS AND OBJECTIONS TO DEFENDANT'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS are true and correct to the best of my knowledge, information and belief. I understand that statements made herein axe made subject to the penalties of 18 Pa. C.S., Section 4944 relating to unswom falsification to authorises. EDGAR p.4 Cam-' DATE. ?1 IN . Jan 26 2009 12:41 HP LRSERJET FRX VERIFICATION I, LILEIAN RIOS, hereby verify that the facts contained in the foregoing ANSWERS AND OBJECTIONS TO DEFENDANT'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS are true and correct to the best of my knowledge, bffonnation and belief I understand that statements made herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unworn falsification to authorities. P.2 __ ILLTAN _. _ DATE: L ?p .% e • CERTIFICATE OF SERVICE I, Edward J. Murphy, Jr., Esquire, do hereby certify that a true and correct copy of the forgoing was mailed via USPS First Class Mail, postage prepaid this 26th day of January, 2009, to the below listed parties. Elizabeth J. Saylor, Esquire Peter J. Russo, F.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 B phy, Jr., Esquire A---' w --y-J, - 240 North 3`d Street, 8.th Floor Harrisburg, PA 17101 (717) 724-4600 Attorneys for Plaintiffs Edgar G. Rios and Lillian Rios CERTIFICATE OF SERVICE I, EDWARD J. MURPHY, ESQUIRE, hereby certify that on December 8, 2009, the foregoing MOTION was served by First Class Mail, postage prepaid, properly addressed as follows: Elizabeth J. Saylor, Esquire Peter J. Russo, P.C. The Chelsea Building 3800 Market Street Camp Hi 1 R n 17011 BY: ARD J. M (. I. D. No. KELLEY AND MURPHY, LLP 240 NORTH THIRD STREET, 8TH FLOOR HARRISBURG, PA 17101 (717) 724-4600 IPF THE. lH TA 2009 DEC 10 PM 2: 51 P ?fx n„ 1rf, i!A I;or EDGAR G. RIOS and IN THE COURT OF COMMON PLEAS OF LILIAN RIOS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. JOHN B. RIVERA DEFENDANT : NO. 07-7760 CIVIL IN RE: PLAINTIFFS' PETITION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 14th day of December, 2009, upon consideration of the Plaintiffs' Motion for a Protective Order, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 8, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiffs shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, "John Kane, Esquire Attorney for Plaintiffs 240 North Third Street, 8th Floor Harrisburg, PA 17101 N?-?, ?Al M. L. Ebert, Jr., J. Elizabeth Saylor, Esquire Attorney for Defendant Juan Rivera 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 bas ?r? R-c"Fr OF THE PR0TI-iCIN, 40TARY 2049 DEC 14 PIM 2: 2 7 a. ?c `1YA, fi4 FILED-O,"FCE fJi' TFE Pc .t..'! t .rl ,,I TARY LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Juan D. Rivera 2010 JAN -8 FM 2: 41 CL7tlt' ( IY4?! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDGAR G. RIOS and LILLIAN RIOS, Plaintiff . CIVIL ACTION NO. 07-7760 V. JUAN D. RIVERA, Defendant TRIAL BY JURY DEMANDED V. MILAGROS LOZADA RIVERA HON. JUDGE M. L. EBERT, JR. DEFENDANT JUAN D. RIVERA'S ANSWER TO PLAINTIFFS' MOTION FOR PROTECTIVE ORDER AND NOW, Defendant Juan D. Rivera (hereinafter "Answering Defendant"), by and through his counsel the Law Offices of Peter J. Russo, P.C., hereby responds to Plaintiffs' Motion for Protective Order, which the Court previously ruled upon the subject matter thereof in its Order dated February 13, 2009, upon Answering Defendant filing a Motion for Protective Order, and avers as follows: 1. Denied. It is specifically denied that Defendant Juan D. Rivera failed to and refused to pay Plaintiffs the principal amount of $42,500.00 with interest, representing monies loaned to Defendant by Plaintiffs. By way of further response, the amount of $42,500.00 was given as a gift by the Plaintiffs, who were believed to be extremely wealthy, to Answering Defendant and his ex-wife Milagros Lozada Rivera, who, despite being added as a Defendant to this matter on or about July 10, 2008, Plaintiffs repeatedly fail to amend the caption on their filings or serve Milagros Lozada Rivera with filings in this matter. 2. Denied. The averment contained in paragraph 2 references a document which controls and any interpretational gloss placed thereon is strictly denied. By way of further response, Answering Defendant did not ask Plaintiffs for a loan in the e-mail referenced in Exhibit "A" of Plaintiffs' First Amended Complaint, but rather simply referenced a spread sheet which reflected current outstanding debts of Answering Defendant and Milagros Lozada Rivera. 3. Denied. Answering Defendant specifically denies that on or about January 2, 2003, Plaintiffs agreed to loan Defendant monies to be used to pay accumulated debts and Defendant agreed to repay the loan with interest at a rate of 5% per year. By way of further response, Plaintiffs agreed to give $42,500.00 to their then married friends, Answering Defendant and Milagros Lozada Rivera, to pay accumulated marital debt. The $42,500.00, which Plaintiffs allege to have been a loan was not referenced or distributed as marital debt in Answering Defendant's and Milagros Lozada Rivera's divorce, nor have Plaintiffs included Milagros Lozada Rivera as a party in this action despite Answering Defendant adding her as a party. 4. Denied. Answering Defendant specifically denies that Answering Defendant requested and that Plaintiffs agreed that the loan repayment would commence effective January 11, 2004, and strict proof of such is demanded at the time of trial. By way of further response, see responses 1 through 3 above. 5. Denied. The averment contained in paragraph 5 references a document which controls and any interpretational gloss placed thereon is strictly denied. 6. Denied. It is denied that Plaintiffs forwarded Answering Defendant a schedule of loan payments to commence on January 1, 2004. By way of further response, Answering Defendant was not made aware of any alleged schedule of loan payments until the filing of this action. 7. Denied. The averment contained in paragraph 7 is a legal conclusion to which no response is required. By way of further response, Answering Defendant never promised to make monthly payments to Plaintiffs and no contract was entered into by the parties as Plaintiffs provided Answering Defendant and Milagros Lozada Rivera with a gift to pay off accumulated marital debt. 8. Admitted in part and denied in part. Following Answering Defendant's divorce from Milagros Lozada Rivera and her and Plaintiffs' discovery of Answering Defendant cohabitating with his now wife, Plaintiffs sought to obtain monies from and filed this action against Answering Defendant only. It is admitted that Answering Defendant has refused and continues to refuse to pay Plaintiffs the $42,500.00 that Plaintiffs gifted to Answering Defendant and Milagros Lozada Rivera. 9. Denied. Answering Defendant denies that "as such" Plaintiffs filed this action. By way of further response, Answering Defendant believes and therefore avers the Plaintiffs initiated this action as a result of their long-term friendship with Milagros Lozada Rivera and her discovery of Answering Defendant's cohabitation with his now wife. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted in part and denied in part. The averment set forth in paragraph 13 references a legal document that controls. It is admitted that Answering Defendant rein Interrogatory No. 23 requested Plaintiffs to identify what percentage of their net worth for the year of 2002 the alleged loan constituted. Any further interpretational gloss placed therein by Plaintiffs is strictly denied. 14. Denied. The averment contained in paragraph 14 is a legal conclusion to which no response is required. By way of further response, Answering Defendant believes he is entitled to this information and that the information is relevant to this matter. Specifically, Answering Defendant has repeatedly alleged that Plaintiffs were extremely wealthy individuals at the time the gift was made, and their wealth in comparison to the amount of the money given to Answering Defendant and Milagros Lozada Rivera supports Answering Defendant's allegation that the money was provided as a gift rather than a loan. Furthermore, Answering Defendant per Order of Court dated February 13, 2009, was required to provide similar, but more extensive information than requested by Answering Defendant, and Answering Defendant has agreed to limit his discovery requests in the same manner as set forth in said Order of Court. Specifically, Answering Defendant in Production of Document No. 16 requested Plaintiffs to produce their completed federal, state and local tax returns, inclusive of all attachments and schedules, for the years 2002 to the present. Identically, Plaintiffs' in their Production of Document No. 16 requested Answering Defendant to produce his federal, state, and local tax returns, inclusive of all W-2s, 1099s, and schedules from years 2002 to present. Answering Defendant in his Interrogatory No. 23, requested that Plaintiffs identify the percentage of their net worth for the year of 2002 that the alleged loan constituted, rather than seeking any and all information related to Plaintiffs' assets and debts. Plaintiffs set forth approximately thirteen (13) discovery questions (Interrogatories Nos. 13, 15, 17, 23, 24; Production of Documents Nos. 4, 5, 12, 16, 19, 20, 21, 24, 25) that together essentially sought any and all information related to Answering Defendant's assets, inclusive of income, and debts from January 2002 to the present. The Order of Court dated February 13, 2009, in brevity required Answering Defendant to provide bank statements, credit card statements, tax records and W2s for the years 2002, 2003, 2004, and 2005, to the extent he has them in his possession. As a result of said Order, Answering Defendant informed Plaintiffs that Answering Defendant would agree to limit the tax information requested in his Production of Document No. 16 to the years 2002, 2003, 2004, and 2005. Plaintiffs filed this Protective Motion in which they allege that (1) "the information contained in Plaintiffs' tax returns is the precise type of information that Rule 4012 is intended to protect," (See averment 32), (2) Plaintiffs' tax returns should be protected under Rule 4011 (See averment 35), (3) Plaintiffs tax returns are confidential and have no relevance (See averment 37), and (4) Answering Defendant's request(s) is "oppressive" (See averment 42). 15. Denied. The averment contained in paragraph 15 is a legal conclusion to which no response is required. By way of further response, the information requested is relevant to this matter and important to Answering Defendant's defense, Answering Defendant was required to provide similar and more extensive information per Order of Court dated February 13, 2009, and Answering Defendant has agreed to limit the discovery questions at issue in the same manner as set forth in said Order of Court. 16. Denied. It is denied that the crux of this matter relates to a loan made by Plaintiffs to Defendant for the sum of $42,500.00. By way of further response, Answering Defendant believes and therefore avers that the crux of this matter relates to Plaintiffs attempting to recoup from Answering Defendant only, the amount gifted to him and Milagros Lozada Rivera years ago to assist them with outstanding marital debt, upon the demise of Answering Defendant's marriage to Milagros Lozada Rivera and his friendship with Plaintiffs, and Milagros Lozada Rivera and Plaintiffs learning of Answering Defendant's cohabitation with his now wife. 17. Denied. The averment contained in paragraph 15 is a legal conclusion to which no response is required. By way of further response, Answering Defendant alleges that the money provided was a gift to Answering Defendant and Milagros Lozada Rivera and not a loan to Answering Defendant. Further, Answering Defendant has repeatedly alleged that Plaintiffs were extremely wealthy individuals at the time the gift was made, and their wealth in comparison to the amount of the money given to Answering Defendant and Milagros Lozada Rivera supports Answering Defendant's allegation that the money was provided as a gift rather than a loan. 18. Denied. The averment contained in paragraph 18 references a legal document which controls and any interpretational gloss placed thereon is strictly denied. 19. Denied. Answering Defendant is without specific knowledge as to why Plaintiffs now file this Protective Motion, but believes and therefore avers that Plaintiffs wish to keep their extreme wealth confidential and to accrue additional legal costs for Answering Defendant. By way of further response, Answering Defendant denies that the funds were provided as a loan and that he agreed to repay the money to the Plaintiffs. 20. Admitted. 21. Denied. The averment contained in paragraph 21 is a legal conclusion to which no response is required. By way of further response, Plaintiffs' tax returns are relevant and important to the ultimate issue before this court of whether the $42,500.00 was provided as a loan or a gift, and the Plaintiffs' wealth in comparison to the amount of the funds is crucial information, which the Answering Defendant strongly believes will support his position. Furthermore, Answering Defendant was required to provide similar but more extensive financial information per Order of Court dated February 13, 2009, and Answering Defendant has agreed to limit the discovery questions at issue in the same manner as set forth in said Order of Court. 22. Denied. The averment contained in paragraph 22 is a legal conclusion to which no response is required. 23. Admitted. 24. Denied. The averment contained in paragraph 24 is a legal conclusion to which no response is required. By way of further response, see Answering Defendant's response set forth in paragraph 21 above. 25. Denied. It is denied that what Plaintiffs are worth and whether they had the money to provide Answering Defendant with $42,500.00 has no bearing on whether they loaned the money to Answering Defendant. Plaintiffs have been aware from the beginning of this action that Answering Defendant has alleged that the money was provided as a gift, and the Plaintiffs were in a financial position to provide such a gift to close friends. The amount of the gift in comparison to the Plaintiffs' wealth is crucial to Answering Defendant's defense of such claim. 26. Denied. Answering Defendant denies that he asked for a loan because he understood Plaintiffs had money and that the exact amount of their wealth is irrelevant to the amount provided. By way of further response, the amount of the gift in comparison to the Plaintiffs' wealth is crucial to Answering Defendant's defense of such claim and Plaintiffs averment in paragraph 26 that "Plaintiffs had money" implies that Answering Defendant's assertions regarding Plaintiff's wealth is correct. 27. Admitted. 28. Denied. The averment contained in paragraph 28 is a legal argument to which no response is required. 29. Denied. The averment contained in paragraph 29 is a legal argument to which no response is required. 30. Denied. The averment contained in paragraph 30 is a legal argument to which no response is required. 31. Denied. The averment contained in paragraph 31 is a legal conclusion to which no response is required. 32. Denied. The averment contained in paragraph 32 is a legal argument to which no response is required. 33. Admitted in part and denied in part. It is admitted that Answering Defendant disputes that a loan was made and has refused to pay $42,500.00 to the Plaintiffs. It is specifically denied that this amount of money was provided as a loan that Answering Defendant failed to pay. 34. Answering Defendant, after investigation, is without sufficient knowledge to affirm or deny the allegation set forth in paragraph 34 as Plaintiffs have refused and continue to refuse to provide Answering Defendant with their tax returns. 35. Denied. The averment contained in paragraph 35 is a legal conclusion to which no response is required. 36. Denied. The averment contained in paragraph 36 is a legal conclusion to which no response is required. By way of further response, Answering Defendant was ordered to provide similar and more extensive financial information which Plaintiffs now allege to be oppressive, irrelevant, and confidential. Additionally, Answering Defendant in good faith agreed to limit the discovery information at issue in the same manner as set forth in the related Order of Court. 37. Denied. The averment contained in paragraph 37 is a legal conclusion to which no response is required. By way of further response, Answering Defendant was ordered to provide similar financial information which Plaintiffs now allege to be oppressive, irrelevant, and confidential. Additionally, Answering Defendant in good faith agreed to limit the discovery information at issue in the same manner as set forth in the related Order of Court. 38. Denied. The averment contained in paragraph 38 is a legal conclusion to which no response is required. By way of further response, Answering Defendant was ordered to provide similar and more extensive financial information which Plaintiffs now allege to be oppressive, irrelevant, and confidential. Additionally, Answering Defendant in good faith agreed to limit the discovery information at issue in the same manner as set forth in the related Order of Court. 39. Denied. The averment contained in paragraph 39 is a legal conclusion to which no response is required. 40. Admitted. By way of further response, Answering Defendant should not be prohibited from obtaining information crucial to formulating his defense to the claims filed by Plaintiffs. 41. Denied. The averment contained in paragraph 41 is a legal conclusion to which no response is required. 42. Denied. The averment contained in paragraph 42 is a legal conclusion to which no response is required. 43. Denied. The averment contained in paragraph 43 is a legal conclusion to which no response is required. 44. Denied. The averment contained in paragraph 44 is a legal conclusion to which no response is required. 45. Denied. It is denied that Answering Defendant received the money "as requested." By way of further response, the funds were wired to both Answering Defendant and Milagros Lozada Rivera, and Answering Defendant did not make a loan request to Plaintiffs. 46. Denied. The averment contained in paragraph 46 is a legal conclusion to which no response is required. 47. Denied. The averment contained in paragraph 47 references a legal document which controls and any interpretational gloss placed thereon is specifically denied. 48. Admitted. Answering Defendant denies all other averments in Paragraphs 1 through 48 of Plaintiffs' Motion for Protective Order that are not specifically admitted. WHEREFORE, Answering Defendant respectfully requests that Plaintiffs be Ordered to provide the discovery information sought with the limitation that the tax return information be provided for the years 2002, 2003, 2004, and 2005, as previously Ordered by this Honorable Court and proposed by Answering Defendant, and that the Court Order any further appropriate relief, including but not limited to sanctions. dectfull submitted, Reis. AW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: 717-591-1755; Fx: 717-591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edgar G. Rios and Lillian Rios, Plaintiff V. John B. Rivera, Defendant V. Milagros Lozada Rivera CIVIL ACTION NO. 07-7760 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Defendant Juan D. Rivera's Answer to Plaintiffs' Motion for Protective Order upon the person(s) and in the manner indicated below: US Mail addressed as follows: Edward J. Murphy, Jr., Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs Milagros Lozada Rivera 6261 South West 195th Avenue Pembrook Pines, FL 33332 Pro se Defendant ? q? X, h" Amber L. Southard, Paralegal Date: 18 f C EDGAR G. RIOS and IN THE COURT OF COMMON PLEAS OF LILIAN RIOS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. JOHN B. RIVERA V. MILAGROS LOZADA RIVERA NO. 07-7760 CIVIL IN RE: MOTION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 12th day of January, 2010, upon consideration Plaintiffs' Motion for Protective Order and Defendant's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiffs' Motion for Protective Order is GRANTED. The Plaintiffs will not be required to respond to Defendant's Interrogatory Number 23 or his request for Production of Document Number 16. By the Court, Nx, -? ? M. L. Ebert, Jr., ward J. Murphy, Jr., Esquire Attorney for Plaintiffs abeth Saylor, Esquire Attorney for Defendant Juan Rivera Milagros Lozado Rivera 8103 S. Palm Drive Apt. 120 Pembroke Pines, FL 33025 bas I es rna t Lam. J. _ --c rn _ -r; Cn :u -,, -c LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Defendant Juan D. Rivera EDGAR G. RIOS and LILLIAN RIOS, Plaintiffs V. JUAN D. RIVERA, Defendant v. ?,Tl- py FE LB 19 PI', !: 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7760 CIVIL ACTION MILAGROS LOZADA RIVERA TRIAL BY JURY DEMANDED Defendant PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes The Law Offices of Peter J. Russo, P.C. (hereinafter "Counsel"), attorneys for the Defendant, Juan D. Rivera (hereinafter "Rivera"), and files this Petition for Court Approval to Withdraw, and in support thereof, states the following: 1. On or about January 21, 2008 Counsel was retained by Rivera who has a mailing address of 2032 Harvest Drive, Mechanicsburg, PA 17055. 2. time. 3. relationship. Counsel has represented Rivera in the above captioned matter since that Rivera and counsel have come to an impasse in their attorney-client 4. Rivera and counsel have attempted to resolve the outstanding issues between them but have failed to do so. 5. The impasse is a matter which counsel feels will impact counsel's ability to perform its professional duties. 6. Petitioner has served a notice of the within petition on the party in the manner provided by Rule 440. A copy of the notice and the original certificate of service is attached hereto and incorporated herein as Exhibit A. 7. Opposing counsel, Edward J. Murphy, Jr., Esquire, has indicated that he does not oppose the undersigned counsel's Petition to Withdraw. 8. The Honorable Judge M. L. Ebert, Jr. has entered previous Orders in this matter. WHEREFORE, the Law Offices of Peter J. Russo, P.C. respectfully requests this Honorable Court to grant its Petition to Withdraw as Counsel for Defendant in the above-captioned matter. Respectfully submitted, Date: 4 ( A LAW OFFICES OF PETER J. RUSSO, P.C. Petitioners Peter J. Russo, Esquire ID No. 72897 Eli . Saylor, Esquire ID No. 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 FX: 717-591-1756 EXHIBIT A LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com Attorneys for Defendant Juan D. Rivera EDGAR G. RIOS and LILLIAN RIOS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. JUAN D. RIVERA, Defendant V. MILAGROS LOZADA RIVERA Defendant NO. 07-7760 CIVIL ACTION TRIAL BY JURY DEMANDED NOTICE OF PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR DEFENDANT JUAN D. RIVERA To: Juan D. Rivera PLEASE TAKE NOTICE that the undersigned counsel is filing the attached petition to withdraw its appearance as your counsel in the above stated matter. Law Offices of Peter .C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 lizabeth J. Saylor, Esquire D. No. 200139 Date: ?' ?r EDGAR G. RIOS and LILLIAN RIOS, Plaintiffs V. JUAN D. RIVERA, Defendant V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7760 CIVIL ACTION MILAGROS LOZADA RIVERA TRIAL BY JURY DEMANDED Defendant CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Notice of Petition for Court Approval to Withdraw as Counsel for Defendant Juan D. Rivera upon the person(s) and in the manner indicated below: US Mail addressed as follows: Juan D. Rivera 2032 Harvest Drive Mechanicsburg, PA 17055 Edward J. Murphy, Jr., Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs Milagros Lozada Rivera 6261 South West 195th Avenue Pembrook Pines, FL 33332 Pro se Defendant Date: 2 15 10 d Amber L. Southard, Paralegal EDGAR G. RIOS and LILLIAN RIOS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. JUAN D. RIVERA, NO. 07-7760 Defendant V. CIVIL ACTION MILAGROS LOZADA RIVERA TRIAL BY JURY DEMANDED Defendant CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Notice of Petition for Court Approval to Withdraw as Counsel for Defendant upon the person(s) and in the manner indicated below: US Mail addressed as follows: Juan D. Rivera 2032 Harvest Drive Mechanicsburg, PA 17055 Edward J. Murphy, Jr., Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs Milagros Lozada Rivera 6261 South West 195th Avenue Pembrook Pines, FL 33332 Pro se Defendant Date: 211(8110 Amber L. Southard, Paralegal FEB 2 2 2m EDGAR G. RIOS and LILLIAN RIOS, : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. , JUAN D. RIVERA, NO. 07-7760 Defendant , V. CIVIL ACTION MILAGROS LOZADA RIVERA TRIAL BY JURY DEMANDED Defendant IN RE: PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR DEFENDANT JUAN D. RIVERA ORDER OF COURT rd AND NOW, this 11 day of e?b r?vr?.1 , 2010, upon consideration of the Petition for Court Approval to Withdraw as Counsel for Defendant Juan D. Rivera and all other matters of record, the request of Elizabeth J. Saylor, Esquire, of the Law Offices of Peter J. Russo, P.C. for Court Approval to Withdraw as Counsel for Defendant Juan D. Rivera in the above-captioned matter, is hereby GRANTED. BY THE COURT, J. Distribution List: -, ` -?, ?' Elizabeth J. Saylor, Esquire 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Tj Juan D. Rivera C { 2032 Harvest Drive Mechanicsburg, PA 17055 ?Edward J. Murphy, Jr., Esquire Kelley & Murphy, LLP 240 North Third Street, Eighth Floor Harrisburg, PA 17101 Attorney for Plaintiffs -,"'Milagros Lozada Rivera 6261 South West 195th Avenue Pembrook Pines, FL 33332 Pro se Defendant IIe J ?/a 3 f iv ILED-O i=1C E _ ?i- THE ?'ROTHOt , '0 = ? KELLEY & MURPHY, LLP , , BY: JOHN A. KANE, ESQUIRE 2011 SEP 27 AM 11: 4, 5 ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. CUMBERLAND COUNTY ATTY I.D. NO.: 91814 PENNSYLVANIA 240 NORTH THIRD STREET, EIGHTH FLOOR HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 Plaintiffs NO. 07-7760 CIVIL ACTION - LAW V. . JUAN D. RIVERA JURY TRIAL DEMANDED 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant V. . MILAGROS LOZADO RIVERA 8103 S. Palm Drive, Apt. 120 Pembroke Pines, FL 33025 Defendant STIPULATION OF JUDGMENT The parties hereto, Edgar G. Rios, Lillian Rios, Trustees of the Lillian Rios Revocable Trust, and Juan D. Rivera, having fully been advised, hereby enter into this Stipulation of Judgment as follows: 1. Plaintiffs and Defendant have been involved in a civil action at the above- captioned docket number. 2. On September 16, 2008, Defendant entered a judgment by default against Additional Defendant Milagros Lozado Rivera. 3. In an effort to avoid the further costs of litigation and further engagement of judicial resources, Defendant has knowingly and voluntarily consented to the entry of a judgment in the amount of $42,482.32 against himself and in favor of Plaintiffs. 4. The Stipulation and the provision hereof shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and this Stipulation supersedes any agreements whether oral or written which precedes this writing. Stipulated this,M day o 2011. BY: Edgar R, Trustee of the Lilli ios Revocable Trust BY: Lillian Rios, Trustee of the Lillian Rios Revocable Trust BY: b ? J an D. Rivera BY THE COURT: J. 2 ILED-OFF I?;la. _ i_ THE PROTI?ONO #AR' KELLEY & MURPHY, LLP BY: JOHN A. KANE, ESQUIRE 20 1 f SEP 27 AM f I : 4 5 ATTY I.D. NO.: 24759 EDWARD J. MURPHY, JR. CUMBERLAND CGUNI-Y ATTY I.D. NO.: 91814 PENNSYLVANIA 240 NORTH THIRD STREET, EIGHTH FLOOR ff J?r HARRISBURG, PA 17101 (717) 724-4600 ATTORNEYS FOR PLAINTIFFS EDGAR G. RIOS AND IN THE COURT OF COMMON PLEAS LILLIAN RIOS CUMBERLAND COUNTY, PA 658 Live Oak Drive McLean, VA 22101 Plaintiffs NO. 07-7760 V. JUAN D. RIVERA 2032 Harvest Drive Mechanicsburg, PA 17055 Defendant V. MILAGROS LOZADO RIVERA 8103 S. Palm Drive, Apt. 120 Pembroke Pines, FL 33025 Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDEIIf. m"' ' cz, O M -j W -a N rte; rr,' STIPULATION OF JUDGMENT The parties hereto, Edgar G. Rios, Lillian Rios, Trustees of the Lillian Rios Revocable Trust, and Juan D. Rivera, having fully been advised, hereby enter into this Stipulation of Judgment as follows: 1. Plaintiffs and Defendant have been involved in a civil action at the above- captioned docket number. 2. On September 16, 2008, Defendant entered a judgment by default against v Additional Defendant Milagros Lozado Rivera. 3. In an effort to avoid the further costs of litigation and further engagement of judicial resources, Defendant has knowingly and voluntarily consented to the entry of a judgment in the amount of $42,482.32 against himself and in favor of Plaintiffs. 4. The Stipulation and the provision hereof shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and this Stipulation supersedes any agreements whether oral or written which precedes this writing. Stipulated this,o day o 2011. BY: ?, Edgar R's, Trustee of the , ice' Lillia os Revocable Trust OOPcol U BY: Lillian Rios, Trustee of the Lillian Rios Revocable Trust BY: /- b ? W Jan D. Rivera ve' '"'? John A . 6m, &I- BY THE COURT: 2