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HomeMy WebLinkAbout08-3034K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. JENNIFER WERNER, ; Defendant :NO. 0 303 Ter NOTICE TO DEFEND 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAIVITION 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 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : JENNIFER WERNER, Defendant : NO. 4 ?'. 3L) 3 ?/ i( 7t,, COMPLAINT The above-referenced Plaintiff, K. ROCHELLE WHITNEY, by their attorney, Vincent M. Monfredo, Esquire, respectfully sets forth the following cause of action: 1. Plaintiff, K. Rochelle Whitney is an adult individual, living at 110 E. Louther St., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Jennifer Werner is an adult individual with an address believed to be at W. Penn Street, Apartment 411, Carlisle, PA 17013.. 3. On or about August 9, 2007, Plaintiff purchased a 2008 Saturn Vue, Vehicle Identification Number 3GSDL43N48S509167 (referred to as "Car" for the remainder of this complaint). 4. Plaintiff agreed to put Defendant's name on the title (attached hereto as Exhibit A and referred to as "Title" for remainder of this complaint). 5. Plaintiff paid the entire purchase price of the "Car" and paid for the remainder owed on the car Defendant traded in, using a cashier's check totaling $39,683.56 (receipt attached hereto as Exhibit B and referred to as "Receipt" for remainder of this complaint). 6. Saturn later refunded part of the cashiers check to Plaintiff, because Plaintiff overpaid, and the amount actually paid for the car and trade-in was $28,452.64. (Copy of the purchase receipt is attached as Exhibit Q. 7. Plaintiff agreed to let Defendant use the "Car" as needed. 8. Defendant has since moved and not returned the "Car" to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Jennifer Werner, and in favor of Plaintiff, together with reasonable attorney's fees, interests and costs. COUNT I. UNJUST ENRICHMENT 9. Previous paragraphs are incorporated by reference as if fully laid out herein. 10. Plaintiff paid for the "Car" in full on or about August 3, 2007. 11. Defendant contributed nothing to the purchase of the "Car" 12. Plaintiff granted Defendant permission to use the "Car" as long as the two were living together. 13. Defendant has moved out and no longer lives with Plaintiff. 14. Defendant is in possession of the "Car" and refuses to return it to Plaintiff. 15. Defendant has received the benefit of personal property in the form of the "Car" 16. Defendant has accepted this benefit. 17. Defendant continues to use the "Car" and refuses to return it. 18. It is unfair for Defendant to retain the benefit of the "Car" without paying Plaintiff for it. 19. Defendant has been unjustly enriched in the amount of $28,452.65, the amount paid for the car. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for Plaintiff, finding Defendant was unjustly enriched; award $28,452.65 or possession of the "Car" plus costs, attorney's fees, and any other relief the Court deems necessary. COUNT II. COMPLAINT IN REPLEVIN - REPOSSESSION OF AUTOMOBILE 20. Previous paragraphs are incorporated herein by reference as if fully laid out herein. 21. Plaintiff, K. Rochelle Whitney is an adult individual, living at 110 E. Louther St., Carlisle, Cumberland County, Pennsylvania, 17013. 22. Defendant, Jennifer Werner is an adult individual with an address believed to be at W. Penn St. Apartment 411, Carlisle, PA 17013. 23. On or about August 9, 2007, Plaintiff purchased a Black and Gray 2008 Saturn Vue, Vehicle Identification Number 3GSDL43N48S509167. 24. Plaintiff maintains a security interest in the subject automobile. 25. Plaintiff s security interest is evidenced by a Commonwealth of Pennsylvania Certificate of Title. 26. Plaintiff also allowed Defendant to place her name on the title in order for Defendant to use the "Car" when needed. 27. The "Car" has a retail value of $28,452.64. 28. Plaintiff believes and therefore avers that the Defendant has possession of the "Car" at her home. 29. Defendant has failed and refused, despite repeated demands by Plaintiff, to deliver possession of the "Car" to Plaintiff or pay Plaintiff for the "Car". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in for Plaintiff, by awarding Plaintiff $28,452.64 or possession of the "Car" plus costs, attorney's fees, and any other relief the Court deems necessary. COUNT III. COMMON LAW FRAUD 30. Previous paragraphs are incorporated by reference as if fully laid out herein. 31. Defendant induced Plaintiff into buy the "Car" and in putting Defendant's name on the title of the "Car" by misrepresenting herself as a friend of Plaintiff's and as someone Plaintiff could trust. 32. Actions by Defendant were material to Plaintiff's decision to buy the "Car" and put Plaintiff's name on the title. 33. Defendant's representations and actions were made falsely and with knowledge of its falsity. 34. In truth and in fact, Defendant was never a friend of Plaintiff, Defendant could not be trusted with Plaintiff's personal property, and Defendant was only trying to get money and property from the Plaintiff for nothing in return. 35. Defendant's actions were made with the intent of misleading the Plaintiff into buying the "Car" and putting Defendant's name on the title. 36. The Plaintiff, being an honest and trusting person, was justified in believing Defendant was her friend and someone she could trust with her personal property. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for Plaintiff, finding Defendant committed fraud; award $28,452.64 or possession of the car, plus costs, attorney's fees, and any other relief the Court deems necessary. Dated: 3 - ?$ Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717 241-6878 Supreme Court ID # 206671 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: O e c . U -? Rochelle Whitney 01 .A) •A J CERTIF,IC rl-l 072611042000061 001 3GS]jL43N48S509167 :ltt? VEHICLE IDENTIFICATION NUMBER SW 1 BQDY TYPE DUP SEAT CAP Us/0''1 09/18/07 DATE PA TITLED DATE OF ISSUE ATE OF TITLE FOR A 1 2"008 1 SATURN YEAR MAKE OF VEHICLE 09/18/07 PRIOR TITLE STATE 1 ODOM PRCCD DATE 1 UNLADEN WEIGHT 1 GVWR VEHI,CLEi? -- ----------- !.'r 4 1 64996766901 WE TITLE NUMBER 0000440 ODOM.MILES ODOM. STATUS GGWR 1 TITLE BRANDS JOINT OWNERSHIP WITH RI.t T OF sj?JRVIVORSH Q ?'ef IISTERED OWNER(S) }irt'''- ;ON WERNER & K ROW ??IT?'NEY 110:iE LOUTHER ST CARLISLE PA 17013 FIRST:. LIEN FAVOR OF: SECOND LIEN FAVOR OF: FIRS-IlE% ASED DATE BY AUTHORIZED REPRESENTATIVE MAILING ADDRESS 000000 JEN WERNER & K ROCHELLE WHITNEY 110 E LOUTHER ST CARLISLE PA 17013 If a second lienholder is listed upon satisfaction of 'he first Ilen,. the fTSI tenholder must forward this Title to the Bureau of Motor Veh:cle5 w:lh the appropriate form aria fee. SECOND LIEN RELEASED DATE BY AUTHORIZED -REPRESENTATIVE I certify as of the date of issue, the official records of the Pennsylvania Department of Transportation reflect that the person(s) or company named herein is the lawful owner of the said vehicle. M6' DA. r.-.TL FE FPERSONADMIMSTER-Ar. ggtt tf4 1 T>> Ie9at C.axn set r:i .?? SII:r.l I 1- 01` -LICANr OR'AUTR IZED SION-r- SIGNATURE OF CO-APPLICANT/ (TLE OF AUTHORIZED ODOMETER STATUS C ACTUAL MILEAGE MILEAGE EXCEEDS THE MECHANICAL LIMITS 2 NOT THE ACTUAL MILEAGE 3 - NOT THE. ACTUAL MILEAGE ODOMETER TAMPERING VERI C <= EXEMPT' FROM ODOMETER DISCLOSURE TITLE BRANDS A = ANTICUE VEHICLE - C CLASSIC VEHICLE: D - COLLECTIBLE VEHICLE F = OUT OF COUNTRY' G = ORIGINALLY MFGD: FOR NON-U. S. DISTRIBUTION H = AGRICULTURAL VEHICLE L = LOGGING VEHICLE" P = ISIWAS A POLICE VEHICLE 'R = RECONSTRUCTED :S = STREET ROD T RECOVERED THEFT -VEHICLE V = VEHICLE CONTAINS REISSUED VIN W = FLOOD VEHICLE X = lSM'AS AT XI ALLEN D BIEHLER Secretary of Transportation If a co-purchaser other than your spouse is listed and you want the title to be listed as "Joint Tenants With Right of Su! ?v„??o?rst IT' ((?p?n death _f one ye., owner, title goes to survivim6" ownel'?) CHI CC C rwlse, Xe-titlte will bq Issued as "Tenants '.it C-Tnmon' On deatri-ot one owner, Interest rS"F deceased owner goes= to hi>.Iher heirs er estate) -^ i II CT IEN DATE: 1 --? IFriC LIEN. rr-EGK • _O r I T LIENHOLDER rTt - T Jtv. T TL jt?. 'T -'i ?`I E_-, CHECK HERE -F fJ4N IP= "„ '3 S I:CiTE FIN ,EQUIRED ?' lu; IrUTI iN NOS" A('? _ 47JO ucN UATE. ? r .I LIES„ _ __ :.. Pro L?I PLAINTIFF'S EXHIBIT lL I S1 -F Ylk+ J ERE ? FINANCIAL -QI INSTITUTION NO REMITTER Bank of Larldisburl THE 1- i to THE BANK OF LANDISBURG P.O. BOX 179 LAND)SSURO, PA 17040 SHERMANS DALE OFFICE 011286 'I 60.1212/313 Au4 J' 2007 3673324 i. w't:Thirt; Minn Thou;,nnd Si;< Hundrad Ei-3hty Thrnry and 50; 117L-1 ? l' T1119 OOCUMlNT 14AS AMICR0•N111Nr GIONATU1lE LINE. WATCRMA1lN AND A 111CF1MOCI111UMIC Icuu; AlsAN(A UI 11u . i1. I rAlunl Il WILL INUICAI C A COPY CASHIER'S CHECK LANDISSURQ • SLAIN • SHERMANS DALE ._ '• - 1140 L4 28611' 1.03 313i23.231. 36 733 2.. ti110 ..1•8000 39 68 35 6,1' : ;1 e o? m r 2 • 0 y V E .. b , Y ? R r 09 a 3 J ; a • e C1TIM 7101/9A/035l0?J5 R1VEI;SIDE P,1 0810UR " n _ 6?:I-? _ /'}Y•_-?JE?- _ y^-ti1.;J ?i+-_.•-i-?r_. - - - - 03 N ')0 i? 10FREiPH 1 LA ?RC=IM4 PY =01 E C9 - Q . . 5 co c5 y iu e N n7 p R8 m ca G.? • ??Ca c. 9 m En m ? e . m t ' S 0 G PLAINTIFF'S ILI EXHIBIT a Iflivm z a m cn m m m O y <? A :7asu,,,ox8 v, nay„auuy .,u...,.., ? ........... P.O B658 (17105! 1530 Manheim Pike ... ..?__....- ._... P.O. Box 3158 1607 NV Atherton SI 6515 Carlisle Pike _ 717-243-2213 13C1 Paxton St. Lancaster, PA 17601 Harrisburg, PA 17'.04 717-560-5777 951 North Hills Road York. PA 17402 717 757 3383 Correspond To Mechanicsburg, PA 17050 169 W Aaron Dr. 717-796-1111 ous. PHONE 717-234-8888 Fax 717-234-9617 Fax 717.560-9870 - . Fax 717-751.0009 State College, Pa 16803 Fax 717-796-9286 814-867-4444 ADDPE ADDRESS www.sutliffauto.c om Fax 814-867-9920 ,TEN WERNER AND K ROCHELLE WHITNEY DATE 08 - 09 - 2007 110 FIRST E LOUT HER ST MIDDLE CARLISLE, PA 17013 LAST STREET ADDRESS CITY STATE ZIP G&ii uv nnneo enn.VVII n uQCn 1`7 naun I-1 awlil 1 n RIIV ROCK FOR DELIVERY ON no - nal DESCRIPTION: $ STOCK NO. COLOR TRIM 1089 BLACK ON GRAY CONSULTANT MARY C ABRUZZ 2008 SATURN VUE XE AWD 890 23 00 YEAR 2008 MAKE SATURN MODEL VUE XE AWD , SERIAL NO. DESTINATION CHARGE 6250 00 3GSDL43N48S509167 -•ta INFORMATION ROOF RAILS LSO OO YEAR MAKE MODEL 2006 SATURN VUE FWD SATURN GUARD PROTECTION 249 95 BODY TITLE # 4 DOOR SUV 63343510801 PINSTRIPE 39 95 95 SERIAL # 5GZCZ33DO6S864674 NI A LAST PLATE EXPIRATION DATE MILEAGE # NI A BALANCE GMAC AMOUNT GOOD TILL BILLET GRILL 4691 00 ADDRESS VERIFIED BY BALTIMORE MD 21283 SATURN EMBLEMS 18 00 INSURANCE INFORMATION N A AGENCNCE BRATTON INSURANCE AGENCY $750 CONSUMER CASH ALLOW N A TELEPHONE (717-586-3278 NUMBER I A EFFECTIVE EXPIRATION INSURANCE COMPANY UNITRIN DATE 6/05/2007 6/05 )bgfE-a: NO LIENHOLDER N A NUMBER HB 785368 C LI LICENSE # 18017967 N A CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLE ONLY N, A "The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale" Purchaser agrees that this order includes all of the terms and conditions that this order cancels and th the face and reverse side hereof b SUB TOTAL 25,441, 90 , on o supersedes my prior agreement and as of the date hereof comprises EXTENDED SERVICE S NO CONTRACT 1? ? 1)575. 00 the complete and exclusive statement of the terms of agreement relating to the subject matters covered hereby. This order shall not become UbU 0075000 N/A • binding until accepted by the dealer or his authorized representative. the buyer may cancel this contract and receive a full refund any You CASH AMOUNT OF DESCRIBED VEHICLE 27,016 $ 90 , time before receipt of a ropy of this contract signed by an authorized REPAIR CREDIT N t A 1 f dealer representative by giving written notice of cancellation to the dealer. Purchaser by his execution of this order acknowledges that he LESS TRADE-IN VALUE 12 500 ( ' 0 has read its terms and conditions and has received a true copy of this i order / TAXABLE AMOUNT $ 14,516. 90 . ,. PURCHASER'S ??' k ?? 1?' DATE -D SIGNATURE X , PA. SALES TAX 871 01 ????? DOCUMENTARY FEE 55.00 PA TIRE 5.00 TAX 60 00 ACCEPTED Y: ?R0440-IZED R SENTATIVE ON-LINE REGISTRATION FEE N A 6 4 300 __ __ ON-LINE DEALER SERVICE FEE N A 2 4 ° 1 305 2 4 1 23 LICENSE TITLE NCUMBRANC FEE 36.00 FEE 22.50 FEE /A 58. 50 215 240 344 TOTAL AMOUNT INCLUDING FEES LISTED $ 15 506 41 220 242 905 , 3 225 1 1 333 ; c AMOUNT OWED ON TRADE-IN LESS DOWN PAYMENT 13 696 750 23 23 PLAINT EXHI IFF'S BIT 246 AMOUNT DUE ON DELIVERY - $ 28)452. 64 a /J // AUAIMU --- N 2.1 J cn IL ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3034 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Jeri Werner, through her undersigned attorney, Andrew H. Shaw, and files these Preliminary Objections to the Plaintiff s Complaint: 1. DEMURRER 1. The Complaint fails to plead facts that if taken as true, are sufficient to state a cause of action in Count I. II. 2. The Complaint fails to state a cause of action against Defendant in Count II because the Plaintiff does not hold a security interest in the subject automobile. III. DEMURRER 3. The Complaint fails to plead facts that if taken as true, are sufficient to state a cause of action in Count II. IV. DEMURRER 4. The Complaint fails to plead facts that if taken as true, are sufficient to state a cause of action in Count III. 1 WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiffs Complaint, with prejudice. Date: ? --Z -Ub By: Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Defendant 2 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Defendant's Preliminary Objections, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Vincent M. Monfredo, Esquire Rominger & Associates 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Date: Andrew H. Shaw, Esq re Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendant (i ==i Z ? ? .. { _ ._,q ? t 5 ? j,.. i 1 .? A '%. K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3034 PRACEIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Defendant. Date: ,2 -OW BY: Andrew H. haw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 jpw,.., 1 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Enter Appearance, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Vincent M. Monfredo, Esquire Rominger & Associates 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Date: -? 02 Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendant !?`} y.:- ?-, i .. ?? f j t t'S.7 K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3034 PRACEIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint for the above-captioned matter. Date: _'; ' 0d BY: ' f< I drew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 c t(J ^ oil 1 I tv SHERIFF'S RETURN - REGULAR CASE NO: 2008-03034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITNEY K ROCHELLE VS WERNER JENNIFR RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE WERNER JENNIFER was served upon the DEFENDANT , at 0019:17 HOURS, on the 22nd day of May 2008 at 1 WEST PENN STREET APT 411 CARLISLE, PA 17013 by handing to JENNIFER WERNER DEFENDANT 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 5.00 Affidavit .00 Surcharge 10.00 Postage .42 41/6 g ? 33.42 Sworn and Subscibed to before me this day So Answers: R. 'Thomas Kline 05/23/2008 ROMINGER LAW OFFICE By 7 (::Z?z - Deputy Sheriff of A. D. PRAECIPE FOR LISTING CASE FOR ARGUMENT (gust be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) K. Rochelle Whitney VS. Jennifer Werner (Plaintiff) (Defendant) No. 3034 Civil xW 2008 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary objections 2. Identify counsel who will argue case: (a) for plaintiff: Vincent M. Monf redo, Esquire Address: 155 South Hanover Street Carlisle, PA 17013 (b) for defendant: Andrew H. Shaw, Esquire Address: 200 S.Spring Garden St., Suite 11 Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case bas been listed for argument. 4. Argument Court Date: September 3, 2008 Dated: Attorney for / a .3 i_T. CJ ? i K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER WERNER, Defendant : CIVIL ACTION--LAW NO. 08-3034 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HESS, OLER and EBERT, JJ. ORDER OF COURT AND NOW, this 28`h day of October, 2008, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint, and for the reasons stated in the accompanying opinion, the preliminary objections are denied. BY THE COURT, r J Wesley r, Jr., ZVincent M. Monfredo, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff vAndrew H. Shaw, Esq. Suite 11 200 S. Spring Garden Street Carlisle, PA 17013 Attorney for Defendant (20P1'CC mac L4L ???xSloB 6 w •1 Pd, 9?!3110ed 1 K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION--LAW JENNIFER WERNER, Defendant : NO. 08-3034 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HESS, OLER and EBERT, JJ. OPINION and ORDER OF COURT OLER, J., October 28, 2008. In this civil case Plaintiff has sued Defendant for unjust enrichment, in replevin and for fraud in connection with an automobile which Plaintiff allegedly paid for and which Defendant allegedly refused to yield possession of.' For disposition at this time are preliminary objections filed by Defendant in the nature of a demurrer to each of Plaintiffs claims.2 These preliminary objections were argued on September 3, 2008. For the reasons stated in this opinion, Defendant's preliminary objections will be denied. STATEMENT OF FACTS The gist of Plaintiff's complaint is that in August of 2007 Plaintiff paid $28,452.64 in order to purchase a certain 2008 Saturn Vue sports utility vehicle,3 that Plaintiff had the vehicle titled in her and Defendant's names,4 that Defendant induced Plaintiff to engage in this transaction by pretending to be Plaintiff's friend,5 that Plaintiff's gift to Defendant of an interest in the vehicle was 1 Plaintiff's Complaint, filed May 13, 2008. z Defendant's Preliminary Objections to Plaintiff's Complaint, filed June 2, 2008. 3 Plaintiffs Complaint, paras. 3, 5, 6. 4 Plaintiff's Complaint, para. 4 and Ex. "A." 5 Plaintiff's Complaint, para. 31. conditional in that Defendant's use of the vehicle was dependent upon a continuation of the parties' joint residency,6 that Defendant terminated the joint residency,7 and that Defendant continues to use the vehicle in derogation of Plaintiff's rights in it.8 Defendant's preliminary objections to Plaintiff's complaint read in their entirety, as follows: 1. DEMURRER 1. The Complaint fails to plead facts that if taken as true, are sufficient to state a cause of action in Count I [Unjust Enrichment]. II. DEMURRER 2. The Complaint fails to state a cause of action against Defendant in Count II [Replevin] because the Plaintiff does not hold a security interest in the subject automobile. III. DEMURRER 3. The Complaint fails to plead facts that if taken as true, are sufficient to state a cause of action in Count II. N. DEMURRER 4. The Complaint fails to plead facts that if taken as true, are sufficient to state a cause of action in Count III [Common Law Fraud].9 DISCUSSION Statement of Law General principles pertaining to demurrers to pleadings. In reviewing a preliminary objection in the nature of a demurrer, which challenges the legal sufficiency of a pleading, the court "must accept all material facts set forth in the [pleading,] as well as all the inferences reasonably deducible therefrom as true." Powell v. Drumheller, 539 Pa. 484, 489, 653 A.2d 619, 621 (1995) (citations omitted). A preliminary objection in the form of a demurrer should be sustained only when, "on the facts averred, the law says with certainty that" the position challenged by the demurrer can not prevail. Id. at 489, 653 A.2d at 621. If any 6 Plaintiffs Complaint, para. 12. Plaintiffs Complaint, para. 13. s Plaintiffs Complaint, paras. 17, 29. 9 Defendant's Preliminary Objections to Plaintiff s Complaint, filed June 2, 2008. 2 lingering doubt remains as to whether to sustain the demurrer, "this doubt should be resolved in favor of [the nonmoving party]." Presbyterian Medical Center v. Budd, 2003 PA Super 323, ¶6, 832 A.2d 1066, 1070. As stated succinctly by the Pennsylvania Supreme Court, the standard governing the grant of a demurrer is highly restrictive-it is not appropriate if the facts as pleaded state a claim for which relief may be granted under any theory of law. White Deer Township v. Napp, 590 Pa. 300, 309, 912 A.2d 781, 786-87 (2006) (citation omitted) (emphasis added). Unjust enrichment. "`Unjust enrichment' is essentially an equitable doctrine.... Where unjust enrichment is found, the law implies a contract, which requires the defendant to pay to the plaintiff the value of the benefit conferred.... The elements necessary to prove unjust enrichment are: (1) benefits conferred on defendant by plaintiff, (2) appreciation of such benefits by defendant; and (3) acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value.... The application of the doctrine depends on the particular factual circumstances of the case at issue. In determining if the doctrine applies, our focus is not on the intention of the parties, but rather on whether the defendant has been unjustly enriched." Mitchell v. Moore, 1999 PA Super 77, ¶8, 729 A.2d 1200, 1203-04 (citations omitted) (emphasis omitted). "To sustain a claim of unjust enrichment, a claimant must show that the party against whom recovery is sought either wrongfully secured or passively received a benefit that it would be unconscionable for [him or] her to retain." Torchia v. Torchia, 346 Pa. Super. 229, 233, 499 A.2d 581, 582 (1985) (citation omitted). Where an interest in property has been obtained by fraud, a constructive trust may be imposed upon such property to avoid unjust enrichment. See generally Butler v. Butler, 464 Pa. 522, 347 A.2d 477 (1975). Replevin. In appropriate circumstances, the failure of a condition with respect to a "conditional gift" can form the basis for a cause of action. See, e.g., 3 Semenza v. Alfano, 443 Pa. 201, 279 A.2d 29 (1971). In such cases, actions in replevin for recovery of the gifted items have been permitted. See, e.g., Gindin v. Silver, 430 Pa. 409, 243 A.2d 354 (1968). Fraud. "To establish common law fraud, a plaintiff must prove: (1) misrepresentation of a material fact; (2) scienter; (3) intention by the declarant to induce action; (4) justifiable reliance by the party defrauded upon the misrepresentation; and (5) damage to the party defrauded as a proximate result." Colaizzi v. Beck, 2006 PA Super 41, ¶9, 895 A.2d 36, 39. Application of Law to Facts In the present case, where it is alleged by Plaintiff (a) that Defendant induced Plaintiff to create an interest in a motor vehicle in her favor by a false pretense, (b) that the creation of the interest was understood by the parties to be a conditional gift, and (c) that the condition ceased to exist as a result of Defendant's action, it would be difficult to say with certainty no recovery could be premised upon the theories pled. Although it may be that ultimately the evidence will not support more than a partition action, 10 it would be premature to conclude that such is the case at this preliminary stage of the proceeding. For the foregoing reasons, the following order will be entered: ORDER OF COURT AND NOW, this 28`h day of October, 2008, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint, and for the reasons stated in the accompanying opinion, the preliminary objections are denied. BY THE COURT, s/ J. Wesley Oler Jr. J. Wesley Oler, Jr., J. 10 See Act of April 27, 1927, P.L. 460, § 1, 68 P.S. § 111. 4 Vincent M. Monfredo, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Andrew H. Shaw, Esq. Suite 11 200 S. Spring Garden Street Carlisle, PA 17013 Attorney for Defendant 5 K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : NO. 08-3034 CIVIL TERM MOTION FOR ISSUANCE OF WRIT OF SEIZURE AND NOW, comes K. Rochelle Whitney, by and through her counsel, Vincent M. Monfredo, Esquire and in support of her Motion for Issuance of Writ of Seizure avers as follows: 1. Plaintiff filed an original Complaint or about May 13, 2008. (attached) 2. Procedurally, Defendant's preliminary objections were denied on October 28, 2008. 3. No action has been taken since that time. 4. The Complaint sets forth a Replevin Action. 5. Pennsylvania Rules of Civil Procedure 1075.1 allows a writ of seizure to be issued after a hearing in Replevin actions. 6. Defendant is in possession of the property sought in the Complaint. 7. The property sought in the Complaint is a 2008 Saturn Vue, VIN 3GSDL43N48S509167. 8. Plaintiff respectfully requests a hearing to determine if a writ of seizure shall be issued. WHEREFORE, Plaintiff respectfully requests this Court grant a writ of seizure as to the property that is subject of the original Complaint. Date: ` Respectfully submitted, Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle,PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : NO. 08-3034 CIVIL TERM WRIT OF SEIZURE TO THE SHERIFF OF SAID COUNTY: You are directed to seize the following property: BLACK 2008 SATURN VUE XE AWD VIN # 3GSDL43N85509167 TITLE # 6499676901 WE If the property is found in the possession of the person not already a Defendant, you are directed to add the person as a Defendant, and notify the person that he or she has been added as a Defendant and is required to defend the action. Date: Prothonotary By: Deputy (SEAL) K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V. JENNIFER WERNER, Defendant : NO. 08-3034 CIVIL TERM CERTIFICATE OF SERVICE I, Vincent M. Monfredo Esquire, do hereby certify that I served a copy of the Motion upon the following by depositing same in the United States mail, postage prepaid, , at Carlisle, Pennsylvania, addressed as follows: Jennifer Werner c/o Andrew H. Shaw, Esquire 200 South Spring Gaiden Street, Suite 11 Carlisle, PA 17013 Dated: Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW a V. c -?? JENNIFER WERNER, Defendant - w NO. 3 0 3 - tl NOTICE TO DEFEND 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION 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 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 199o The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 19go. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. JENNIFER WERNER, Defendant :NO. 0 Q 30 3 `t CAi,-j ?c i.-- COMPLAINT The above-referenced Plaintiff, K. ROCHELLE WHITNEY, by their attorney, Vincent M. Monfredo, Esquire, respectfully sets forth the following cause of action: 1. Plaintiff, K. Rochelle Whitney is an adult individual, living at 110 E. Louther St., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Jennifer Werner is an adult individual with an address believed to be at W. Penn Street, Apartment 411, Carlisle, PA 17013.. 3. On or about August 9, 2007, Plaintiff purchased a 2008 Saturn Vue, Vehicle Identification Number 3GSDL43N48S509167 (referred to as "Car" for the remainder of this complaint). 4. Plaintiff agreed to put Defendant's name on the title (attached hereto as Exhibit A and referred to as "Title" for remainder of this complaint). 5. Plaintiff paid the entire purchase price of the "Car" and paid for the remainder owed on the car Defendant traded in, using a cashier's check totaling $39,683.56 (receipt attached hereto as Exhibit B and referred to as "Receipt" for remainder of this complaint). 6. Saturn later refunded part of the cashiers check to Plaintiff, because Plaintiff overpaid, and the amount actually paid for the car and trade-in was $28,452.64. (Copy of the purchase receipt is attached as Exhibit C). 7. Plaintiff agreed to let Defendant use the "Car" as needed. 8. Defendant has since moved and not returned the "Car" to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Jennifer Werner, and in favor of Plaintiff, together with reasonable attorney's fees, interests and costs. COUNT I. UNJUST ENRICHMENT 9. Previous paragraphs are incorporated by reference as if fully laid out herein. 10. Plaintiff paid for the "Car" in full on or about August 3, 2007. 11. Defendant contributed nothing to the purchase of the "Car" 12. Plaintiff granted Defendant permission to use the "'Car" as long as the two were living together. 13. Defendant has moved out and no longer lives with Plaintiff. 14. Defendant is in possession of the "Car" and refuses to return it to Plaintiff. 15. Defendant has received the benefit of personal property in the form of the "Car" 16. Defendant has accepted this benefit. 17. Defendant continues to use the "Car" and refuses to return it. 18. It is unfair for Defendant to retain the benefit of the "Car" without paying Plaintiff for it. 19. Defendant has been unjustly enriched in the amount of $28,452.65, the amount paid for the car. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for Plaintiff, finding Defendant was unjustly enriched; award $28,452.65 or possession of the "Car" plus costs, attorney's fees, and any other relief the Court deems necessary. COUNT II. COMPLAINT IN REPLEVIN - REPOSSESSION OF AUTOMOBILE 20. Previous paragraphs are incorporated herein by reference as if fully laid out herein. 21. Plaintiff, K. Rochelle Whitney is an adult individual, living at 110 E. Louther St., Carlisle, Cumberland County, Pennsylvania, 17013. 22. Defendant, Jennifer Werner is an adult individual with an address believed to be at W. Penn St. Apartment 411, Carlisle, PA 17013. 23. On or about August 9, 2007, Plaintiff purchased a Black and Gray 2008 Saturn Vue, Vehicle Identification Number 3GSDL43N48S509167. 24. Plaintiff maintains a security interest in the subject automobile. 25. Plaintiff's security interest is evidenced by a Commonwealth of Pennsylvania Certificate of Title. 26. Plaintiff also allowed Defendant to place her name on the title in order for Defendant to use the "Car" when needed. 27. The "Car" has a retail value of $28,452.64. 28. Plaintiff believes and therefore avers that the Defendant has possession of the "Car" at her home. 29. Defendant has failed and refused, despite repeated demands by Plaintiff, to deliver possession of the "Car" to Plaintiff or pay Plaintiff for the "Car". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in for Plaintiff, by awarding Plaintiff $28,452.64 or possession of the "Car" plus costs, attorney's fees, and any other relief the Court deems necessary. COUNT III. COMMON LAW FRAUD 30. Previous paragraphs are incorporated by reference as if fully laid out herein. 31. Defendant induced Plaintiff into buy the "Car" and in putting Defendant's name on the title of the "Car" by misrepresenting herself as a friend of Plaintiff s and as someone Plaintiff could trust. 32. Actions by Defendant were material to Plaintiff s decision to buy the "Car" and put Plaintiffs name on the title. 33. Defendant's representations and actions were made falsely and with knowledge of its falsity. 34. In truth and in fact, Defendant was never a friend of Plaintiff, Defendant could not be trusted with Plaintiff's personal property, and Defendant was only trying to get money and property from the Plaintiff for nothing in return. 35. Defendant's actions were made with the intent of misleading the Plaintiff into buying the "Car" and putting Defendant's name on the title. 36. The Plaintiff, being an honest and trusting person, was justified in believing Defendant was her friend and someone she could trust with her personal property. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for Plaintiff, finding Defendant committed fraud; award $28,452.64 or possession of the car, plus costs, attorney's fees, and any other relief the Court deems necessary. Dated: 3 - ?B Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717 241-6878 Supreme Court ID # 206671 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: S' ! lqa c ? Rochelle Whitney CERTIFICAT7 077 lTL r FOR A, '\,lELi t q 072611042000061 001 3GSDL43N48S50°9167 I 2008 ;. SA-T`URN 64996766901: WE ?VEHIC?E DENTIF -T ON NUMBER SEAR MAKE OF VEHICLE I-LE NUMBER 1 I 09/18/07 000Q.4.4j, 0 'APE ;BODY OUR SEAT CAP ? PRIOR T TLE ST . SATE ODOM ?RCCO DATE C MOM. MILES ODOM. STATUS 0 1-9/07 109/18/07 DATE SA TIT ?p PATE OF SSUE I UNLADEN WEIGHT GV'NR GC'NR TITLE BRANDS 000,tE`ER STti7U5 l 0 - ACTIJAL'MILEAGE --: . MILEAGE EXCEEDS T'E MECHANICAL ???_ IMITS;, r. ? NOT THE =CTLAL MILEAGE 3 NOT THE,aCTLAL MILEAGE ODOMETER ,.? TAMPERING VER FEID? tn,r 1 J&NT OWNERSHIP WITH R`f 1ATS7 '' OF S6RVIVORSHIf EXEMPT FRO"-DOMETEF ISCLOSL'RE I R STEREO OWNER(S) l f z:TL BHANDS A ANTICaUE .,Ell LE N? krRNER & K RO.tf`EE ;p cusstcvEalGL 0 ?OL_ECT BLE ,?'( r"1 J•f E Y VEHICLE F _ OUT OF COUNTRY G =ORIGINALLY MFGD FCR NON=1'J 5 LO`UTHER ST - - H GRIC LTTURA • A AGRICULL VEHICLE A .'S. L = LOGGING VEHICLE CARLISLE PA 1 7 01 3 P - ISANAS A POLICE VEHICLE ? R - RECONSTRUCTED: S STREfi1. ROD .- ' . . T RECOVERED THE7 VEHICLE.. r' V =. VEHICLE. CONTAINS REISSUED VIN W =. FLOOD VEHICLE X = 1SIWAS.A'.TAXI FIRST LIEN FAVOR 'OF' SECOND LIEN FAVOR OF If a Sal l'Ienholl is listed urofl satisfaction of the first ken., the first` Iienholde[must forward this Title to tha Bureau OfMotor- Vehicles nth the f6LE6 ED' - k } DATE ...' appropriate form and tee. ?? - - BY SECOND LIEN RELEASED AUTHORIZED REPRESENTATIVE DATE MAILING ADDRESS ?A) n I 1 A P 000000 JEN WERNER & K ROCHELLE WHITNEY 110 E LOUTHER ST CARLISLE PA 17013 I Certify as of the data of issue. the olfieial records of IM Pennsylvania Department of Transportation re wt that the personal or eongary named herein is the lawful Omer at d» Said vahiGe. p)BSCRIBPsD AND SWORN M.mews TH * 'G'~ Y yyy ?. ^I $*"TWIE OF R ? y'.. O s10nEP ,E OF AUTHOM MO Old It e. co-purer be ASW as 21,10 BY At?ITHORiZEO REPRESENTATIVE ALLEN D SIEHLER Secretary of TranspertrAm NO \-. -. _? ?HF- SP1Ytl Y? qpN:?qKp/ OF 0 1"NOBSBUIRG,? ? . - -- - - ? A i ! ( REMITTER P.O. BOX 179 LANDISBURG, PA 17043 60.12121313 ?? ' Bainl, of Landisbur3 SHERMAN3 DALE OFFICE 3673324 r?ua 3 2007 . L.? M? 1 PAY TO THE K. Rochelle t0itn-w -- >--ORDER OF Thou .and t%. Ninn '3 tf:T hi r ti ?tQii F{undrad Fi3htv Thrcr o.nJ i:•: `". ®?= -? PY 1111!1 OOCUMlNT IU9AMICA0.MIIINf GK1fU1(UNE LW C• WAT[11MN1M AND A TnCI1MCG'IIUMiG H.U7, nU:.1_'ll. f. ui nu ...... i i rnf;nu ': Nrt.l INUICAI _ A -----CO i' .-.... . . . . . ER'S CHECK . .. ?, . . CASHI „- LANOISBURQ • MAIN • SHERMANS DALE 4 .8000 3968 3 5601 1140 4 2 v L 3? 0 3 13 2 L 2 3a' 733 2 °„l, 11 - r. a m •A9yc m ; E m a' a ,? n `a3 . sg 09 A m 9 a 03 °FRSIFFHILA 'R RC= 4554 _FY,=Q1 "j < t m er S 1L ' C •i ¦ 9 per s 3? m A . n rr C{TIZEW 7101/9A/035/05 RIMS1DE P,1 MUM? iRs m a m m' a m Z S m m m a m 0 E PLAINTIFF'S EXHIBIT 717-234 3888 = "' 'S 3383 =0 - 0 a E , F ,_ - 7-- ax '17-234-96 lax OEC-9B' - - 3 `ax '5 0009 . ^ ? F ax '7-796-9286 614-367 -441, :u aESS www sut0fauto C om Fax 314 867 992,' TEN WERNER AN D K R OCHELLE WHITNEY 08 - 09 - 2007 , _ _ _ FIRST MIDDLE LAS' 110 E LOUTHER ST CARLISLE, PA 17013 STREET ADDRESS CITY STATE ZIP PLEASE ENTER MY ORDER FORXXNEW C ]USED a DEMO Ci REN AL ? BUY BIER FOR DELIVERY ON l)F{ - (aH(t? DESCRIPTION: STOCK NO. COLOR 11 TRIM 1089 BLACK ONxGRAY CONSULTANT MARY C ABRUZZ 2008 SATURN WE XE AWD 890 23 00 YEAR 2008 MAKE SATURN MODEL WE XE AWD DESTINATION CHARGE , 625 M SERIAL NO 3GSDL43N48S5 9167 ROOF RAILS 150 00 YEAR MAKE MODEL 2006 SATURN WE FWD SATURN GUARD PROTECTION 249 95 BODY TITLE x At DOOR SW 63343510801 PINSTRIPE 39. 95 SERIAL x 5GZCZ33DO6S864674 N A LAST PLATE EXPIRATION DATE MILEAGE N N IA BALANCE OWED TO GMAC AMOUNT GOOD TILL BILLET GRILL 469. 00 ADDRESS VERIFIED BY BALTIMORE 21283 SATURN EMBLEMS 18, 00 N IA AGENCY INSURANCE BRATTON INSURANCE AGENCY $750 CONSUMER CASH ALLOW N A A TELEPHONE NUM8ER (717586-3278 NI A INSURANCE EFFECTIVE EXPIRATION COMPANY UNITRIN DATE 6 / 05 / 207 6/05) ?C? IE,J: NO LIENHOLDER NI A NUMBER HB 785368 DRIVER'S a 18017967 NI A CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLE ONLY NA A "The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale" Purchaser agrees that this order includes all of the terms and conditions th th f id h f th b d t thi l d d SUB TOTAL 2511441, 90 reverse s ereo , on o e ace an e a s or er cance s an supersedes my prior agreement and as of the date hereof comprises EXTENDED SERVICE IVES NO CONTRACT A ? 111575, 00 the complete and exclusive statement of the terms of agreement relating to the subject matters covered hereby. This order shall not become 05010075000 NIA • binding until accepted by the dealer or his authorized representative. You the buyer may cancel this contract and receive a full refund an CASH AMOUNT OF DESCRIBED VEHICLE 2711016. $ 90 y , time before receipt of R copy of this contract signed by an authorized REPAIR CREDIT N l A 1 J dealer representative by giving written notice of cancellation to the dealer. Purchaser by his execution of this order acknowledges that he LESS TRADE-IN VALUE 12$500, has read its terms and conditions and has received a true copy of this order TAXABLE AMOUNT $ 14JI516 90 . PURCHASER'S . ? st?..Sc:?.? •? SIGNAT RE X AT - O - PA. SALES TAX 871. 01 55.00 PA TIRE 5.00 DOCUMENTARY FEE TAX 60. 00 ACC PTE Y: IiED R SENTATIVE lorm ON-LINE REGISTRATION FEE NI A 6 4 300 __ __ ON-LINE DEALER SERVICE FEE N A 2 4 1 2 4 231 305 LI FE ESE 36.00 TFEE 22.56NCUFEBE A"cT/A 58. 50 215 240 , 344 TOTAL AMOUNT INCLUDING FEES LISTED $ 15 506 41 220, 242 905 . , 13A AMOUNT OWED ON TRADE-IN 225 333 1 3 C LESS DOWN PAYMENT 13,696. 750 23 00 • _-LAW I .. P EXHIBIT 246 AMOUNT DUE ON DELIVERY $ 281452. 64 0 , „ AuA1119a .„,,,,,., ut - - --- FILIED OF THE 2009 JUST -3 Pili ., K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3034 CIVIL TERM AMENDED MOTION FOR ISSUANCE OF WRIT OF SEIZURE AND NOW, comes K. Rochelle Whitney, by and through her counsel, Vincent M. Monfredo, Esquire and in support of her Motion for Issuance of Writ of Seizure avers as follows: I. An Order was entered on October 28, 2008, by the Honorable J. Wesley Oler, Jr. and the Preliminary Objections were heard before the Honorable Kevin A. Hess, the Honorable M.L. Ebert, Jr. and the Honorable J. Wesley Oler, Jr. 2. Due to the nature of the Motion, opposing counsel Andrew H. Shaw's concurrence and/or non-concurrence of the Motion was not sought and it is assumed he opposes the Motion. WHEREFORE, Plaintiff respectfully requests this Court grant a writ of seizure as to the property that is subject of the original Complaint. Date: '?, Respectfully submitted, /-I- ?- Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle,PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. JENNIFER WERNER, Defendant : NO. 08-3034 CIVIL TERM CERTIFICATE OF SERVICE I, Vincent M. Monfredo Esquire, do hereby certify that I served a copy of the Motion upon the following by depositing same in the United States mail, postage prepaid, , at Carlisle, Pennsylvania, addressed as follows: Jennifer Werner c/o Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 / w T Dated: f' Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff #?LECur r ?+ ?T OF THE FFI?J .?.?, .? .??Y 2104 JUN _ g PM 3: 12 CUMB q r.^Y i t { i4 JUN 0 4 2009 67 K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI CIVIL ACTION LAW NO. 08-3034 CIVIL TERM ORDER OF COURT AND NOW, this _L Q 1 day of 'T "C- , 2009, upon consideral within Motion, a hearing will be held on the 6?- day of , - 50 o'clock _ m. in Courtroom #-I at the Cumberland County Courthous Pennsylvania. , By the Distribution: ? Vincent.M. Monfredo, Esquire ./Andrew H. Shaw, Esquire v es rn? t ls?l? ;AS OF YLVANIA >n of the 009, at in Carlisle, J. ALED- i ICE OF THE" PRC) H4I IOTARY 2009 JUN # ! Ei 9: 20 t E?? SY; V, 1\11 ? K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-3034 CIVIL TERM IN RE: MOTION FOR ISSUANCE OF WRIT OF SEIZURE ORDER OF COURT AND NOW, this 6th day of July, 2009, upon consideration of the Motion for Issuance of Writ of Seizure and pursuant to an agreement reached between the parties and their respective counsel in open court, it is ordered and directed as follows: The parties shall share the possession of the 2008 Saturn Vue, which is the subject of this litigation, on a week-on/week-off basis, the parties shall transfer possession of the vehicle each Sunday at 12:00 o'clock p.m. outside of the Carlisle Theatre. The Defendant shall maintain possession for the remainder of this current week, so the next change of possession shall be on July 12, 2009. The parties further agree to equally divide the cost of the insurance, said terms of the insurance shall be agreed upon between the parties. -Vincent M. Monfredo, Esquire For the Plaintiff -,"<ndrew H. Shaw, Esquire For the Defendant pcb eopt;es L ??Cl By the Court, r"r-,r^ CAF THICE PF"k; ,: +.It'h'(?, 'ARY 2009 JUL 10 AH 13. 11 (('?+t ors e' "? u, f.. K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. JENNIFER WERNER, Defendant : NO. 08-3034 CIVIL TERM PETITION FOR CONTEMPT AND NOW, comes K. Rochelle Whitney, by and through her counsel, Vincent M. Monfredo, Esquire and in support of her Petition for Contempt avers as follows: 1. An Order of Court was entered on July 6, 2009, granting possession of the 2008, Saturn Vue which is the subject of this litigation on a week-on/week-off basis between the parties. Attached as Exhibit "A". 2. The Respondent has not been following the Order of Court in that she does not return the vehicle when she is supposed to. 3. The Respondent has not returned the vehicle when she is supposed to for approximately a month. 4. Petitioner's counsel sent correspondence to Respondent's counsel on or around August 13, 2009, advising him that his client was not following the current Order of Court. Attached is Exhibit "B". 5. The Respondent is willfully disobeying an Order of Court. 6. Your petitioner avers that this Honorable Court should find the Respondent in contempt and grant Petitioner reasonable Attorney fees for the filing of this Petition for Contempt in the amount of $300.00. 7. Further, your Petitioner avers that this Honorable Court should find Respondent in contempt and create a new Order granting Petitioner exclusive possession of the 2008 Saturn Vue, until this matter is fully litigated. WHEREFORE, your petitioner respectfully requests that this Honorable Court enter an Order finding the Respondent in contempt and directing her to return the vehicle pursuant to the Court Order and to pay the Petitioner's attorney's fees in the amount of $300.00. Your Petitioner also respectfully requests that this Honorable Court create a new Order granting her exclusive possession of the vehicle until this matter is fully litigated. Date: 6k Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant ATTORNEY VERIFICATION VINCENT M. MONFREDO., ESQUIRE, states that he is the attorney for K. Rochelle Whitney, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Gam' Vincent M. Monfredo, Esquire Attorney for Plaintiff K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. JENNIFER WERNER, Defendant : NO. 08-3034 CIVIL TERM CERTIFICATE OF SERVICE I, Vincent M. Monfredo Esquire, do hereby certify that I served a copy of the Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jennifer Werner c/o Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 Dated: Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-3034 CIVIL TERM IN RE: MOTION FOR ISSUANCE OF WRIT OF SEIZURE ORDER OF COURT AND NOW, this 6th day of July, 2009, upon consideration of the Motion for Issuance pursuant to an agreement reached between respective counsel in open court, it is follows: The parties shall share the Saturn Vue, which is the subject of this of Writ of Seizure and the parties and their Drdered and directed as possession of the 2008 litigation, on a week-on/week-off basis, the parties shall transfer possession of the vehicle each Sunday at 12:00 o'clock p.m. outside of the Carlisle Theatre. The Defendant shall maintain possession for the remainder of this current week, so the next change of possession shall be on July 12, 2009. The parties further agree to equally divide the cost of the insurance, said terms of the insurance shall be agreed upon between the parties. Vincent M. Monfredo, Esquire For the Plaintiff Andrew H. Shaw, Esquire For the Defendant pcb ` v Wz _zJ ,xav f+ /Will By the Court, Attorneys at Law Karl E. Rominger August 13, 2009 Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 RE: WHITNEY v. WERNER DOCKET NO. 3034-2008 Dear Attorney Shaw: Michael O. Palermo, Tr. Vincent M. Monfredo Your client has not been following the Court Order of July 6, 2009. She has not been leaving the car at the drop off point. Further, she has now placed a club-locking device on the steering wheel to prevent my client from accessing the car. Please look into this matter and have her comply with the Order. Thank you. If you have any questions, do not hesitate to contact our office. Sincerely, Vincent M. Monfredo 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY 0 ADVICE • ANSWERS OF THE 2009 SEP 17 Pill 3; K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08-3034 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 23`d day of September, 2009, upon consideration of Plaintiff's Petition for Contempt, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Tuesday, November 3, 2009, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ') dL'r I J. ,esley Oler, J N, J. Vincent M. Monfredo, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant -? Andrew H. Shaw, Esq. 200 South Spring Garden Street Suite 11 Carlisle, PA 17013 Attorney for Defendant :rc Cop, lJ - -r is I'?'l?(l g/avlc9 F[LEL i J. OF {yr cR,Y 2009 SEA` 24 Aid 10'9 C? ?. K In the Court of Common Pleas of Cumberland County, Pennsylvania VS. No. Civil. 19 To Prothonotary 19 Attorney or tin '"ICE OF THE PR,,ITHnNOTARY 2009 NOY --3 PM 3: 33 No. Term, 19 VS. PR.AECIpE Filed 19 Atty. K. ROCHELLE WHITNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JENNIFER WERNER, Defendant 08-3034 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of November, 2009, upon consideration of the Plaintiff's Petition for Contempt filed in the above-captioned matter, and following a conference in chambers with counsel for the Plaintiff in the person of Michael D. Palermo, Jr., Esquire, and Gary Kelley, Esquire, and it being indicated by Mr. Kelly that he has spoken with Andrew Shaw, Esquire, who represents the Defendant of record and that Mr. Shaw has indicated that he wishes to be excused from further responsibility for representing the Defendant in this case, Andrew Shaw, Esquire, is excused from further responsibilities in the matter and Gary Kelley, Esquire, is authorized to file a praecipe for the entry of his appearance on behalf of the Defendant. Mic hael D. Palermo, Jr., Esq- 155 South Hanover Street Carlisle, PA 17013 For the Plaintiff Gary Kelley, Esquire 3117 Chestnut Street Camp Hill, PA 17011 For the Defendant pcb (20 P By the Court, A QV 1 2 t i; 1 L 2 K. ROCHELLE WHITNEY, IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JENNIFER WERNER, Defendant 08-3034 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of November, 2009, upon consideration of the Plaintiff's Petition for Contempt and following a hearing, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order previously entered herein and she is consequently found in contempt. It is further ordered and directed as follows: 1. Defendant shall make the automobile in question available to the Plaintiff at the Carlisle Theater on Friday, November 6, 2009, at 6:00 p.m. for Plaintiff's next one week period of possession of the vehicle; 2. Defendant shall pay to the Plaintiff counsel fees in the amount of $300 within one week of today's date; 3. Plaintiff shall pay to Defendant the sum of $395 for her share of insurance premiums to date within one week of today's date. 4. Plaintiff shall not permit herself or any other person to operate the vehicle in question while he or she is under the influence of alcohol or has ingested an unprescribed controlled substance, including marijuana or heroin, and shall not permit the consumption of alcohol or use of an unprescribed controlled substance within the vehicle nor the existence in the vehicle of any alcohol or unprescribed controlled substance. By the Court, ,/Michael D. Palermo, Jr., 155 South Hanover Street Carlisle, PA 17013 For the Plaintiff _.,?ary Kelley, Esquire 3117 Chestnut Street Camp Hill, PA 17011 For the Defendant pcb J es y O er J2'7-J.- Esquire ".??? t il'.?i ? 1 : v ?f S t. t ?t ? { ? ?.. ?? `?: v ?l.. K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSY6VAIIA r_ 4 C CIVIL ACTION LAW' v. f., JENNIFER WERNER, `•= ?- :w+?= Defendant : NO. 08-3034 CIVIL TERM - -a' PETITION FOR CONTEMPT AND NOW, comes K. Rochelle Whitney, by and through her counsel, Michael O. Palermo, Jr., Esquire and in support of her Petition for Contempt avers as follows: 1. An Order of Court was entered on July 6, 2009, granting possession of the 2008, Saturn Vue which is the subject of this litigation on a week-on/week-off basis between the parties. Attached as Exhibit "A". 2. The Respondent has not been following the Order of Court in that she has not made said vehicle available to Petitioner as per the July 6, 2009 Order'. 3. The Respondent has not returned the vehicle to your petitioner since February 2010. 4. Petitioner's counsel sent correspondence to Respondent's counsel on or around April 30, 2010, advising him that his client was not following the current Order of Court. Attached as Exhibit "B". 5. A response was received from Attorney Kelly in mid May, 2010, stating that "we could work this matter out." however, nothing has come of this conversation and your petitioner still does not have possession of the vehicle.2 Pursuant to Cumberland County Local Rule 208.3(a) (2), the Honorable J. Wesley Oler, Jr. has ruled upon this issue on November 3, 2009. z Pursuant to Cumberland County Local Rule 208.3 (a) (9), it is assumed, given the lack of a recent response that Respondent's Attorney does not concur with the relief sought herein. 6. Your Respondent routinely parks the vehicle; however she removes the license plate from the vehicle and secures the vehicle with a "club" an anti-theft security device, thus making the vehicle impossible to move both physically and lei 7. The Respondent is willfully disobeying an Order of Court. 8. Your petitioner avers that this Honorable Court should find the Respondent in contempt and grant Petitioner reasonable Attorney fees for the filing of this Petition for Contempt in the amount of $300.00. 9. Further, your Petitioner avers that this Honorable Court should find Respondent in contempt and create a new Order granting Petitioner exclusive possession of the 2008 Saturn Vue, until this matter is fully litigated. WHEREFORE, your petitioner respectfully requests that this Honorable Court enter an Order finding the Respondent in contempt and directing her to return the vehicle pursuant to the Court Order and to pay the Petitioner's attorney's fees in the amount of $300.00. Your Petitioner also respectfully requests that this Honorable Court create a new Order granting her exclusive possession of the vehicle until this matter is fully litigated. Date:' Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner 3 See 75 Pa.Veh.Code 47124 - Fraudulent Use or Removal of Registration Plate. See also 75 Pa.Veh.Code § 1332 - Display of Registration Plates. K. ROCHELLE WHITNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. JENNIFER WERNER, Defendant : NO. 08-3034 CIVIL TERM CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, do hereby certify that I served a copy of the Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jennifer Werner c/o Gary Kelley, Esquire 3117 Chestnut Street Camp Hill, PA 17011-4529 y Dated: ? Respectfully submitted, ROMINGER & ASSOCIATES 11/?44- Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Contempt Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. %4A Rochelle Whi y, Petitioner K. ROCHELLE WHITNEY, Plaintiff JENNIFER WERNER, Defendant IN THE COURT OF C-OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (?I J! L A'--TION - LAW 08-3034 CIVIL TERM IN RE: MOTION FOR ISSUANCE OF WRIT OF SEIZURE ORDER OF COURT AND NOW, this 6th day of July, 2009, upon consideration of the Motion for Issuance of Writ of Seizure and pursuant to an agreement reached between the parties and their respective counsel in open court, it is ordered and directed as follows: The parties shall share the possession of the 2008 Saturn Vue, which is the subject of this litigation, on a week-on/week.-off basis, the parties shall transfer possession of the vehicle each Sunday at 12:00 o'clock p.m. outside of the Carlisle Theatre. The Defendant shall maintain possession for the remainder of this current week, so the next change of possession shall be on July 12, 2009. The parties further agree to equally divide the cost of the insurance, said terms of the insurance shall be agreed upon between the parties. By the Court, Vincent M. Monfredo, Esquire For the Plaintiff Andrew H. Shaw, Esquire For the Defendant pcb a PETITIONER'S W EXHIBIT J Q a sit . Karl E. Rom:nger Michael 0. Palermo, Jr. Vincent ?M, ?Lvlonfredo April 30, 2010 Gary L. Kelley, Esquire 31 17 Chestnut Street Camp Hill, PA 17011-4329 RE: WHITNEY v. WERNER DOCKET NO. 3034-2008 Dear Attorney Kelley: This letter is to inform you that I have taken over the representation of Rochelle Whitney in above captioned matter for Attorney Monfredo. My client has informed me that your client is yet again not following the Order of Court entered on July 6, 2009, and again on November 3, 2009, after the contempt hearing, ordering her to return the vehicle to my client. Please contact your client immediately to let her know that if she does not start returning the vehicle to my client pursuant to the court order, I will be filing a Contempt Petition next week. Thank you for your time and attention to this matter. Should you have any additional questions, do not hesitate to contact me. Sincerely, 1 Michael O. Palermo, Jr., Esquire MOP:Ijj cc. Rochelle Whitney 135 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 a PETITIONER'S ADVOCACY EXHIBIT SWERS J Q K. ROCHELLE WHITNEY, Plaintiff V. JENNIFER WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-3034 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 9th day of June, 2010, upon consideration of Plaintiffs Petition for Contempt, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Monday, July 19, 2010 at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ? Michael O. Palermo, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant ?Ga Kelly, Esq. 3117 Chestnut Street Camp Hill, PA 17011-4529 Attorney for Defendant rc ed l eYN13- E D /IC) `??l Wesley Ojer, r., J. J 0 C C 1 ? r .77 T^ C- K. ROCHELLE WHITNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JENNIFER WERNER, Defendant NO. 08-3034 CIVIL TERM IN RE: CONTEMPT ORDER OF COURT AND NOW, this 19th day of July, 2010, upon consideration of the Plaintiff's second Petition for Contempt, and following a hearing, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the order previously entered herein, and she is consequently again found in contempt. Defendant is sanctioned with a period of imprisonment of 2 weeks in the Cumberland County Prison. The condition of purge with respect to the sentence is that she comply in full with the Order of Court dated July 9, 2009, with the next period of Defendant's possession of the vehicle in question commencing on Sunday, July 25, 2010, at 12:00 noon. In addition, it is ordered and directed as follows: 1. Defendant shall pay Plaintiff's counsel the sum of $250 in attorney's fees within 60 days of today's date; 2. Neither party shall use self help in obtaining possession of the vehicle at a location and time other than the location and time provided in the court order; 3. Transfers of possession of the vehicle shall be on Sundays, as indicated in the Order of Court dated July 6, 2009; and 4. Any request for insurance reimbursement shall be transmitted by Defendant's counsel to Plaintiff's counsel in writing and shall be paid within 30 days of the transmittal unless contested as to amount. ./ Michael O. Palermo, Esquire 155 South Hanover Street Carlisle, PA 17013 For Plaintiff Gary Kelley, Esquire 3117 Chestnut Street Camp Hill, PA 17011 For Defendant :mae r I ~~a~.I r0 ~~.. A„ n c ~. ~' ~ -~, , ~ ,-; , , ~:v - - ~ ~, ":~- ,~.. f V --> >~t ~::ti.. ~, i ' ~t `~, ._ Y : t~ fi P: -.. :77 "C By the Court, ol-r F1I.E0-OFFICE ?tF THE PROTHONOTARY PRAECIPE FOR LISTING CASE FORT L (Must be typewritten and submitted in triplica ee l l MAR - -P* 3' 06 -ZZ ?''? TO THE PROTHONOTARY OF CUMBERLAND COUNTY C Please list the following case: 1EANIUA ? for JURY trial at the next term of civil court. X? for trial without a jury. ---------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ® Civil Action - Law K. ROCHELLE ? Appeal from arbitration WHITNEY (other) VS. JENNIFER WERNER vs. (Plaintiff) (Defendant) The trial list will be called on and Trials commence on Alf Pretrials will be held on 6 (Briefs are due S days before pretrials No. 08-3034 Indicate the attorney who will try case for the party who files this praecipe: Drew F. Deyo, Esquire indicate trial counsel for other parties if known: Not Available This case is ready for trial. Date: March 15, 2011 Signed: z-- Print Name: Drew F. Deto, Esquire Attorney for: K. Rochelle Whitney, Plaintiff O-UN 16U.00Pd a C1,1k 13 3 Civil Term K. ROCHELLE WHITNEY, Plaintiff vs. JENNIFER WERNER, Defendant AND NOW, this Z r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN4 C? C= n CIVIL ACTION - LAW o?a _ z NO. 08-3034 zM rv ?o r-x `° ' _cn ORDER ' cis -"?-i day of March, 2011, a pretrial conference in the abo;e- captioned matter is set for Thursday, May 19, 2011, at 3:00 p.m. in the Chambers of the undersigned. ?Drew Deyo, Esquire For the Plaintiff ? Gary Kelley, Esquire For the Defendant D0 Am BY THE COURT, K. ROCHELLE WHITNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-3034 JENNIFER WERNER, Defendant ORDER AND NOW, this 2 0 - day of May, 2011, following conference with counsel in chambers, it is ordered and directed that the parties cooperate in the sale of the 2008 Saturn Vue vehicle, which is the subject of these proceedings. Authorization to accept an offer of purchase shall not be unreasonably withheld. Upon sale of the vehicle, the parties shall divide the proceeds of the sale in the same percentage as their relative contribution. In the event the parties cannot agree concerning the distribution of the proceeds of the sale of the vehicle, either party may request further hearing. Pending distribution of the proceeds, same shall be held in escrow by the attorney for the plaintiff. BY THE COURT, ??Zk -0 Kevin A ess, P. J. Eric David, Esquire 3 = . 11 For the Plaintiff -C 54a tlf =r70- ?., 1;0 o L / Gary Kelley, Esquire ?C) ?c? For the Defendant co -v c n Z0 ? OC"t N :rlm David D. Buell Prothonotary Office of the <1'rothonotary Cum6er[and County, Pennsylvania 7(irkS. Sofionage, ESQ Sofcitor ©8 -303Y CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square ® Suite100 e CarCzs(e, CP ® (Phone 717 240-6195 Fax 717 240-6573