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HomeMy WebLinkAbout08-2644COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of0' i' h&C)Sk-) NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No ) 'T rr+ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME I 1\1 '" r R 1 V I ADDRESS OF APPEL O r ( AA rr CRY Wu I' 1 ) STATE ZIP CODE ? v O ? t'I ?'?'?l 'V ? .f.? Dt 7& V/ ATE OF JUDGMENT IN THE E OF (PIPWA) (Def -7 U -0 alwA,> DOCK No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT C U- O d 0C)o 38 - OS I This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SIB -t- or Pro0-7 -D" PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. os_ ,m? w?) Term ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 3 Z2;z? "re orappel?anrorarromeyorayenr ?9"? RULE: To ca t- e ?.? I ? SCh Name of appellee (s) (s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. L7 Date: 20_? gnat of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on 20. Signature of affiant C? c°a -r? ALT, i IR * f ±` N C LA O L X {.,._. , 5, a r ri - CR _ 'O =- co K7 D v Y a z O y COMMONWEALTH OF PENNSYLVANIA r AUNTY OF CUMBERLAND Mag. Dist. No.: 09-3-02 MW Name: Hon. VIVIAN CONICS Address: PO BOX 155 27 N BIG SPRING AVE Nis LLE, PA Telephone: (717 ) 776-3187 17241 VIVIAN CONICS PO BOX 155 27 N BIG SPRING AVE MINWILLB, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS CATHERINE L rSCMMTZ , 142 BIG SPRING TERR NSNVILLB, PA 17241 L J vs. DEFENDANT: NAME and ADDRESS f-STARR, MISTY D ? 150 BIG SPRING TERR NZWILLB, PA 17241 L -? Docket No.: CV-0000038-08 Date Filed: 2/27/08 _ (Date of Judgment) 3/27/08 SCHQLTZ, CATHERINE L Judgment was entered against: (Name) STARR, MISTY D in the amount of $ 4, 775.6 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Total Post Judgment Credits Post Judgment Costs $ 'i, f 1.7.00 $ .00 $ .00 $- .00 $ 4,775.66 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 091Date `7-)-"? I certify that this is a true and correct copy of Date 6 , Magisterial District Judge record of the proceedings containing the judgment. My commission expires first Monday of January, cola , Magisterial District Judge SEAL AOPC 315-07 e Lm RECEIPT fT' : . o _.._?. 0257 32.b5 r)S p 3e st 7 c:: e f a ??.1?J ! oat :ark Crz 7ru>r rr nr r .?i r,. y Hera '-estrn( to O U, re,, -- t ? "malPc?;tag rn 05/01120M ri.t ??.???lJJ!!! O C ,. Street„4pr_No..---- .,---- _....------------------------------------------------------------ L:3 or YO Box Nc =t 7 Cu'V State TIP l., r t1 "1 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALT OF P NNSYLV NIA , COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served jq a copy of the Notice of Appeal, Common Pleas 08 upon the District Justice designated therein on (date of service) 2006" by personals vice ? by (certified) (registered) mail, se der`s receipt attac d hereto, and upon the appe e, (name) 1200& ? by personal service b (certified) egistered) mail, sender's re 4t attached hereto. IBED BEFOOE 20 Title of official / My commission expires on , 20A?L MM0NWEAITH OF PENNSYLVAN Grove. Notary Pubk Couft IYh?Conwnbsll n EV?23 8 Signature of affiant Member, Permsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of , , l,. Y_)- t f COMMON PLEAS No. k)t (;p l NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME APPELLANT q,_ I MAG. DIST. NO. I NAME OF D.J_. ADDRESS OF APPELLANT - CITY STATE ZIP CODE DATE OF JUDGMENT W IN THE Cr SE OF (Plaintiff) - (Defendaaf)' u . :KPT No. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT was 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Frahorafary di DjpW, PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be us ,till=Y?hemappellant was DEFENDANT (see Pa,R C.P.D.J. No. 1901(7) Opp" before District Justice. IF NOT USED, detach from copyof notice otjappdV- to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appeileq(s),,tg file a complaint in this appeal Name of appellee(s) (Common Pleas No. 08 - ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. N ? _I?rli ell") Signature of appellant or attorney or agent appellee(s) RULE: To ' z:.:; f i., Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ©f'I , 20L)8 Signat of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CATHERINE L. SCHULTZ Plaintiff V. MISTY D. STARR Defendant No. 2008 - Akq&/CIVIL : CIVIL ACTION -LAW 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 MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 717-249-3166 IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CATHERINE L. SCHULTZ Plaintiff V. MISTY D. STARR Defendant No. 2008 - eZbqq CIVIL CIVIL ACTION - LAW COMPLAINT AND NOW, this 13th day of June, 2008, comes the Plaintiff, CATHERINE L. SCHULTZ, by and through her attorneys, MidPenn Legal Services and Geoffrey M. Biringer, and sets forth the following: 1. Plaintiff is Catherine L. Schultz, an adult individual, sui juris, who resides at 142 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Misty D.Starr, an adult individual, sui juris, who resides at 150 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff is Defendant's natural mother. 4. Plaintiff and Defendant purchased a mobile home located at 150 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, in March, 2002 for $10,000. 5. Plaintiff made a $2,000 deposit on the home from funds borrowed from other family members, but repaid by the Plaintiff from her own funds. 6. Defendant made no initial deposit or investment in the mobile home. 7. Defendant was not employed from March, 2002 until July 23, 2002. 8. At all times relevant herein, it was the intention of the parties to co-own the mobile home, to share the expenses of the remainder of the purchase price, and the expenses of the upkeep of the home, such as the lot rent and the utilities. 9. Plaintiff paid all of these expenses, the lot rent of $200 per month, the monthly payments on the mobile home of $200 per month, and all of the utility bills from March, 2002 until Defendant began working on July 23, 2002. 10. The parties opened a joint bank account at M&T Bank in Shippensburg in July 2002, into which Plaintiff automatically deposited her Veteran's benefit check, (Direct Deposit "Sign-Up form attached hereto as Plaintiff's "Exhibit 1 "), in the approximate amount of $1000 per month. 11. Although Defendant deposited her earnings into this joint account as well after July, 2002, Plaintiff alleges that the joint account was used more for Defendant's individual expenses than those of Plaintiff's, and that their common expenses, i.e. the mobile home payments, the lot rent, utility bills, repairs, etc. were paid in larger part by the Plaintiff rather than the Defendant. 12. At the inception of the arrangement, it was understood that Plaintiff could live in the mobile home with Defendant for as long as she wished in exchange for the Plaintiff sharing the costs of the home. 13. The mobile home was paid in full on or about February 6, 2004. 14. In July, 2007, following an argument between the parties, Defendant forcibly locked Plaintiff out of the mobile home, retaining most of Plaintiff's possessions, including, but not limited to a shed jointly purchased by the parties (1/2 value of $1,000), and the following items of personalty, with the following current estimated values, belonging exclusively to the Plaintiff, which include, but are not limited to: Annroximate est. value a. Motorola Monitor $300 b. Piggy banks filled with coins (3) $1150 c. Husband's fire police award plaque priceless d. Toaster oven $10 e. Antique dove-tailed dresser $75 f. Binoculars $40 g. Boyd's bunnies (3) $45 h. Motorcycle bears (4) $10 i. Diabetic testing strips (100) $92.94 j. Tire gauges (3) $15 k. Hearing aid $20 1. Christmas decorations $130 m. Tools $57 Sub Total $1,944.94 w /shed 1,000 Total $2,944.94 15. Plaintiff believes, and therefore avers, that the mobile home has a current market value of $7,500 and that she is entitled to her one-half share of the value, or $3,750. 16. Defendant breached her contract in fact with the Plaintiff and implied in law, that Plaintiff would be able to reside in the mobile home for as long as she wished. 17. Plaintiff prepaid lot rent in the amount of $86.66 for July, 2007 which she could not enjoy because of her eviction. (Receipt attached as Plaintiff's Exhibit "2"). I - BREACH OF CONTRACT 18. Paragraphs 1-17 are incorporated herein by reference hereto. 19. By forcibly locking Plaintiff out of the mobile home they purchased together with the express intention that Plaintiff could reside in the home for as long as wished, Defendant breached a contract in fact and implied in law, thereby damaging the Plaintiff by the amount of her investment in the mobile home, in the amount of $3, 750. 20. By keeping the shed, purchased jointly with the Plaintiff, locking her away from its use, and refusing to compensate her for her share of its investment, Defendant breached her contract in fact with the Plaintiff and implied in law, and damaged Plaintiff in the amount of $1,000 representing her share of the value of the shed. 21. By refusing to allow Plaintiff to recover possessions owned solely by the Plaintiff, Defendant breached her contract in fact and implied in law with the Plaintiff, to allow her to live as long as she wished in the mobile home with her Possessions, and Plaintiff is thereby damaged in the amount of $2,944.94. WHEREFORE, Plaintiff demands judgment in her favor and against the Defendant in the amount of $7,694.94, interest from July 2007, and any other amounts this Court finds to be just and reasonable, said amounts being within the amount subject to referral to arbitration. II - REPLEVIN 22. Paragraphs 1-21 are incorporated herein by reference hereto. 23. Plaintiff's possessions listed in Paragraph 14 above, belong exclusively to the Plaintiff and Defendant has no claim or interest in any of the listed items. WHEREFORE, Plaintiff demands judgment in her favor and against the Defendant for return of the items of personalty listed in Paragraph 11 above, and any other amounts and/or relief this Court finds to be just and reasonable under the circumstances, said amounts and relief being within the amounts subject to referral to arbitration. III - UNJUST ENRICHMENT 24. Paragraphs 1-23 are incorporated herein by reference hereto. 25. Should Defendant be able to retain the mobile home, the shed, and all of Plaintiff's possessions not recovered from the mobile home, Defendant would be unjustly enriched to Plaintiff's detriment. WHEREFORE, Plaintiff demands judgment in her favor and against the Defendant in the amount of $7,694.94, interest from July, 2007, and any other amounts this Court finds to be just and reasonable, said amounts being within the amounts subject to referral to arbitration. Date: $ Respectfully submitted, MIDPENN LEGAL SERVICES By. Geoffrey M. Biringer 401 E.Louther Street Carlisle,PA 17013 (717) 243-9400 Supreme Court ID#18040 ':er Jt, is 1967) ? J I'0scril7,^:,CI by : mas4'^J ' ..:I .,.. )? .] . ... ,.,, t .. -.. .. ., ,. ? ... ?'.? .... I f?.l .vl ?. .... I t...,. .i .. dlr., ,.. . ,. I ,.. r_ i `. I 1 + 1 'y l ! _ if -21 ? OMTORACr, 4 { . 'y y ? 9 ? ? ? r' 'f I .. _ ? f ? I F: ; i 5? ? ? F / ? ..w._? .._.._ ?... ? S d k 'T. {,..? d . _ ? ,? y y L S ? ?? i t ? ? Y ? - , ' :i 5? C J ... " _ . .? r -DO ' 1 1f ! ?_ E C? i 7 one) t (Li .? I , vl._1r ,.?,a srr. ) ? Y pp LJ n; 7 fj ? I t 5 -4 ? ,i .... s L ! :.. t '_y? ? ys ?.\l :DES T4l !"3'i , JJ i i l le I J;v , - r ',V1.. rv! V H.`-, i,,,_ 1 i f1J T S, 1 ,1 ..- EDI _ li y s d I ,. yl?l pp.. r,OU I1A!I NUivii:._,?.r... to+s.. F 3'd ,+,t?t3' _,? L) r A} DIG t r i I _ 3L 1 ..? _ I tr 7 I , t, ,•:`.?.:IE P?.i I,i---...!., .:,?oUld: to clio C71._._N:500 Ex. 1o g=ar; ul lt+o. lay-oso 1. Btcc;: ?. co. '-'. PAYEE'S COPY Page 1 of 1 NEW v Ale i:03&3029 1007 LG . 984S &69334R' &007 x'00 _ 008666.E r HTL 0401058060 - 8075 84 PIO 06/26/2007 . S - MTKJ low- Posting Date 2007 Jun 27 Research Seq # 5255558785 Account# 9845169334 Check/Store # 1007 DB/CR DB Dollar Amount $86.66 Bank # 096 Branch # 06825 Deposit Acct # 0 Ex.n2o r c >031 nl360< C RCE "BANY, M CHERRY HILL, KJ n CATHERINE L SCHULTZ IN &G WF MG MR pEVWI" PA 17241 VERIFICATION I, CATHERINE L. SCHULTZ, make this verification that the facts set forth in the foregoing COMPLAINT, are true and correct to the best of my knowledge, information and belief. 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 Catherine L.Schultz CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state that I served a copy of Plaintiff's Complaint on June `3 , 2008, by placing same in the United States Mail, postage prepaid to the following person and at the following address: H. Anthony Adams, Esquire (Attorney of Record) 49 West Orange Street, Suite3 Shippensburg,PA 17257 2,Aj F .,k Geoffrey M. Biringer a-t-" 11 MIDPENN LEGAL SERVICES 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID# 18040 Dated: June /3 2008 ? ? ? ? ?.,?r ??? ? ?? r ?' ?:_ -7 _...s ??.4Y ? f'' ?A ? «C (,i?'c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Catherine L. Schultz :No. 2008-2644 Civil Term Plaintiff VS. : Civil Action - LAW Misty D. Starr Defendant NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN REPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. i H-.A-nthony Adams, Esquire (25502) Attorney for Defendant 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717)-532-3270 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Catherine L. Schultz : No. 2008-2644 Civil Term Plaintiff : Civil Action - Law vs . Misty D. Starr Defendant ANSWER Now comes the Defendant, Misty D. Starr, by and through his attorney, H. Anthony Adams and sets forth the following: 1. Admitted 2. Admitted 3. Admitted 4. Denied, Misty D. Starr purchased a mobile home which was titled in her name. 5. Denied, after reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter averred. Strict Proof thereof is demanded. Further denied Defendant repaid a significant part of the money from a tax refund. a 6. Denied, the Defendant was the sole purchaser of the home titled in her name and made all of the payments on the home. 7. Denied, the Defendant was employed during all times relevant to this matter except during maternity leave. During the period list Defendant worked at CPARC. 8. Denied, the Defendant allowed her mother to reside in her home in exchange for which Plaintiff helped to pay bills and expenses of the home in lieu of rent. 9. Denied, the Plaintiff made payment toward the expenses of the home in lieu of rent. However, the Plaintiff did close the account and remove all of the money. 10. Admitted 11. Denied, the payments were made from the joint account. The monies in the joint account were contributed mostly by defendant and her payment exceeded the payments of Plaintiff. 12. Denied, the Plaintiff resided n the home by agreement wit the owner, the Defendant and in exchange for residing there and in lieu of rent Plaintiff helped with expenses. 13. Admitted 14. Denied, the Plaintiff moved from the home in July 2007 and was given all of her property and or at her attorney's request the property was made available to her. Further, the value listed for the property has been artificially inflated and Defendant demands proof thereof. 15. Denied, the Plaintiff is not and never has been a co-owner of the mobile home. Further, the value of the mobile home has been inflated and strict proof thereof is demanded. 16. Denied, no contract existed between the Plaintiff and Defendant. 17. Denied that the Plaintiff was evicted and further denied that the Plaintiff's loss on enjoyment of her lot rent was caused by the Defendant. 18. No answer required beyond the previously written answers to the numbered paragraphs. 19. Denied, Defendant did not lock the Plaintiff out of the property. The locks were changed after Plaintiff moved and Defendant's property was taken. There was no contract and the value of the home was not $7,000.00. 20. Denied, Defendant purchased the shed and no contract exists for the Plaintiff's use of shed. 21. Denied, the Plaintiff never entered into a contract with the Defendant, there was no life lease in the property nor was Plaintiff refused permission to obtain her property. Plaintiff removed her property and or had her property made available to her as directed by her counsel. 22. The previous answers to paragraphs 1-21 are incorporated herein by reference as fully as if set forth a length. 23. Denied, the property listed in Paragraph 14 in part belongs to the Defendant or third parties. Beyond which Defendant is without sufficient information or knowledge to form an opinion as to the truth of the matter averred. 24. The answers to paragraphs 1-23 are incorporated herein by reference as fully as if set forth at length. 25. Denied, the mobile home, shed and numerous items listed as Plaintiff's possessions are in fact the sole property of Defendant. NEW MATTER 26. The action of the Plaintiff is barred by the statute of limitations. 27. The action of the Plaintiff is barred by the statute of frauds. Wherefore, Defendant prays that the Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, H. Anthony Adams, Esquire Attorney for Defendant 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 . A VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7 /4 f MISTY K. STA R cn (51' IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CATHERINE L. SCHULTZ Plaintiff V. MISTY D. STARR Defendant No. 2008 - 2644 CIVIL TERM CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Geoffrey M. Biringer, counsel for the plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff is Seven Thousand Six Hundred Ninety-Four Dollars and Ninety-Four Cents, $7,694.94). There is no counterclaim. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Geoffrey M. Biringer, Esq., for Plaintiff, and H. Anthony Adams, Esq., for Defendant. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. MIDPENN LEGAL SERVICES Y Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a Member in good standing of the Bar, hereby state that I served a copy of Plaintiff's Petition for Appointment of Arbitrators on July 2008, by placing same in the first-class United States Mail, postage prepaid to the following person and at the following address: H. Anthony Adams, Esquire (Attorney of Record) 49 West Orange Street, Suite3 Shippensburg,PA 17257 Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID# 18040 Dated: July 2008 a N. IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CATHERINE L. SCHULTZ Plaintiff vi. MISTY D. STARR Defendant No. 2008 - 2644 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3 da of 2008 in consideration of the foregoing petition, ( LA4 Q. Esq., Cl t a, , CbvbAtkA&, Esq., and `. CUM?k Esq., akappoint ed itrators in the above-ca coned action as ?praye`d for. QB WC r-- iL?- ? r.. 5 LLI? ? ++??yy 7 ;' c ?.d+. ? yri ? ,?y-1 y? 1 -- t G? ? ^ y "" (Z) ( C 7 J i3 - A z 4- <t i 1? -'?2 k Lti f Plaintiff _ 54avy, Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. Z Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitu 'on of this Commonwealth and that we will discharge the duties of our office with fide ' ? V 407 S g ima a Signa S tore 7? YfV Name (Chairman) Name Name Law Firm t?v Firm ? Law Firm 2 (D X17 ? 41 3?3 in??. S? . SP 24 G. ri vd LL F iv-4 k e o o Address Address Address (wwio- 'IA-) w1_/ C? ?„ 14,11 fit- 1"7611 PAL 11050 City, zip city, Zip city, zip, A/zgzy IA7ya / q.ss-? We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. Date of Hearing: I Date of Award: Notice of of Award name if (Chairman) , ,?. 1 1 Now, the. day of 2061L_, at C? -.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ , RM. ez) By: "SOL Prothonotary Deputy N o ? ? RJ op F r r °/ _Ad--. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Catherine L. Schultz Plaintiff vs File No. Misty D. Starr Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Misty D. Starr, Defendant appeals from the award of the board of arbitrators entered in this case on December 1, 2008. A jury trial IS NOT demanded. I hereby certify that the compensation of the arbitrators has been paid. H. ANTHONY ADAMS, ESQUIRE 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717) 532-3270 25502 a ; f/ Plaintiff 1 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.?W2- Z Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitu 'on of this Commonwealth and that we will discharge the duties of our office with fide ' Y. VA A Signa a Signa S ature Name (Chairman) Name Name -rat ;N A g Law Firm w Firm Law Firm ;up UJ • ul?h 3S ao so " L- 1 1-" v+.?l („t a ?6v-? ?t i a a Address Address Address (' fA/lr` I'L. C?Aa..ft H-,,, (?,? f ??11 .1w-t441,14 Is W "I P AL City, Zip City, Zip city, zip, Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 1 Date of Hearing: 1 _ (Chairman) Date of Award: tai Notice of EnWof Award Now, the, day of -!)CC 2062__, at U , _L-M, L-M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators compensation to be paid upon appeal: $ ?, I hem u mu SO-1 MY ?t thW By, i,. ?' ,• a, Prothonotary . Arbitrator, dissents. (Insert name if applicable. (Aj ao J ? 4 1..7 ?L }5 I L p, ,fY :g PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ® for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Catherine L. Schultz ? Civil Action-Law ® Appeal from arbitration (other) (Plaintiff) VS. Misty D. Starr The trial list will be called on and Trials commence on (Defendant) Pretrials will be held on vs. (Briefs are due S days before pretrials No. 2644 2008 Term Indicate the attorney who will try case for the party who files this praecipe: Geoffrey M. Biringer, Esq. Indicate trial counsel for other parties if known: H. Anthony Adams, Esq. This case is ready for trial. Signed: -4 7 +.fi Print Name:Geoffrey M. Biringer Date: February 2, 2009 Attorney for: T Plaintiff r ID -_3 ?t d P CATHERINE L. SCHUULTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MISTY D. STARR, Defendant NO. 08-2644 CIVIL TERM ORDER OF COURT AND NOW, this 13`h day of February, 2009, a pretrial conference in the above matter is scheduled for Wednesday, April 29, 2009, at 3:00 p.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Monday, June 15, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Geoffrey M. Biringer, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff H. Anthony Adams, Esq. 49 West Orange Street Suite 3 Shippensburg, PA 17257 Attorney for Defendant BY THE COURT, J. esley Ol r., J. Court Administrator /ja ys( &Lv" d a - 3-a9w :rc v E ? •Z d C 1 933 6002 /1(.iY1V ?i " iLi a i :3Hi j0 CATHERINE L. SCHULTZ, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MISTY D. STARR, Defendant 08-2644 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the above-captioned case on Wednesday, April 29, 2009, in chambers of Judge Oler. Present on behalf of the Plaintiff was Geoffrey M. Biringer, Esquire, of Mid-Penn Legal Services. Present on behalf of Defendant was H. Anthony Adams, Esquire. This is a civil action by a mother against a daughter for "breach of contract," "unjust enrichment," and "replevin" arising out of Defendant's alleged exclusion of her mother from a property owned by Defendant, but paid for, in part, by Plaintiff. This will be a nonjury trial of an estimated duration of 1 day. By separate Order of Court, the nonjury trial has been scheduled for June 15, 2009. With respect to settlement negotiations, there does appear to the Court to be a reasonable prospect of settlement in the case. By the Court, V1NNV -]ASNN'3d Aj,N }4k k. t t-ml o 01 : I I WV S- AN 6001 .//Geoffrey M. Biringer, Esquire 401 East Louther Street Suite 103 Carlisle, PA 17013 For Plaintiff . Anthony Adams, Esquire 49 West Orange Street Suite 3 Shippensburg, PA 17257 For Defendant mae a i LE cL Co D E S m 05-20-'09 09;29 FROM- T-684 P002/003 F-887 IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CATHERINE L. SCHULTZ Plaintiff V, MISTY D. STARR Defendant No. 2008 - 2644 CIVIL TERM CIVIL ACTION - LAW SETTLEMENT The Plaintiff and the Defendant, intending to settle the above captioned-action and giving each to the other good and valuable consideration for same, hereby settle the above captioned case as follows: 1. Defendant agrees to pay and Plaintiff agrees to accept the amount of One Thousand Five Hundred Dollars ($1,500) in full satisfaction of her claims against the Defendant. 2. Defendant agrees to pay and Plaintiff to accept on account the amount of Fifty Dollars ($50) per month, beginning on July 1, 2009 and payable until the entire amount due is paid. 3. Upon final payment, Plaintiff will file a praecipe to the above docket number marking the case as "settled and discontinued. 4. This Settlement will also serve as a Release of Plaintiff and a Release of Defendant upon final payment, of any and all claims they had or may have against each other arising out of their purchase of the mobile home in question and ownership of personal property contained therein. 05-20-'09 09;29 FROM- T-684 P003/003 F-887 5. This settlement is intended to be submitted to the Court for the issuance of an Order consistent hereto, eliminating the need for a trial scheduled before the Honorable J. 'W'esley Oler, Jr. on June 15, 2009. MIDPENN LEGAL SER'V'ICES B'Y: Yet!52??"? Geoffrey M. Birmger H. Anthony Adams Attorney for the Plaintiff Attorney for the Defendant FU D OF THE PROTY-,? TARY 2009 JUIR 10 Ph' 2* 12 p r? JUN 1 120094 IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CATHERINE L. SCHULTZ Plaintiff V. MISTY D. STARR Defendant No. 2008 - 2644 CIVIL TERM CIVIL ACTION - LAW ORDER And Now, this i? day of June, 2009, it is hereby Ordered that the Settlement reached by the parties hereto and attached to this Order, shall become the Order of this Court, and the trial in the matter scheduled for June 15, 2009 in Courtroom No. 1 is hereby cancelled. BY THE COURT, ejoi - 4c' p+ 9 - "OOT