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HomeMy WebLinkAbout08-3089IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOROTHEIA R. HUNTER DONN B. CRILEY, JR. and MICHAEL WAGNER, II, Plaintiffs vs. NO. Og - 3081 IN EQUITY 81vi ( Tian STEPHANIE L. GAFFEY Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, PA 17013 1-800-990-9108 717-249-3166 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOROTHEIA R. HUNTER NO. S 3 OF 9 l Tu DONN B. CRILEY, JR. and MICHAEL WAGNER, II, Plaintiffs VS. IN EQUITY STEPHANIE L. GAFFEY Defendant PLAINTIFFS' COMPLAINT TO REFORM DEED 1. Plaintiff Dorotheia R. Hunter is an adult individual residing at 42 Altoona Ave, Enola, Cumberland County, Pennsylvania 17025. 2. Plaintiff Donn B. Criley, Jr., is an adult individual residing at 42 Altoona Ave, Enola, Cumberland County, Pennsylvania 17025 3. Plaintiff Michael Wagner, II, is an adult individual residing at 42 Altoona Ave, Enola, Cumberland County, Pennsylvania 17025. 4. Defendant Stephanie L. Gaffey is an adult individual residing at 204 Spruce Court, Annville, Pennsylvania 17023 5. Plaintiffs Dorotheia Hunter and Donn Criley, Jr., are the parents and natural guardians of their minor children, Sharlena R. Wagner and Dakota Criley. 6. On January 14, 2008, Plaintiff was the owner of a certain tract of real property situated in Cumberland County with an address of 42 Altoona Ave, Enola, Cumberland County, Pa. 17025, recorded at instrument No. 20080170. 7. On the foregoing date, Plaintiff Dorotheia Hunter conveyed said property by deed to Michael Wagner, II, Alberta Wagner and Stephanie L. Gaffey, as Trustee for Minors, Sharlena R. Wagner and Dakota Criley. A copy of said Deed is attached as exhibit "A". 8. At the time of execution of said deed and at the present time, Plaintiffs Dorotheia Hunter and Donn Criley, Jr., as the parents and natural guardians of Sharlena R. Wagner and Dakota Criley, have never verbally or by written instrument created a Trusteeship or guardianship in favor of Stephanie L. Gaffey for said children. 9. Dorotheia Hunter has written a Will which names Stephanie L. Gaffey as Trustee of said two, minor children in the event of her death, but said Will is not in effect. A copy of said Will is attached as exhibit "B". 10. Since no Trusteeship was created in favor of Stephanie L Gaffey for said two, minor children her listing, as a Grantee, in said deed is erroneous and should be voided. 11. Alberta. Wagner was a minor at the time of the execution and recording of said deed and, therefore, Alberta Wagner's name as a Grantee on said Deed should be stricken. WHEREFORE, Plaintiffs pray: (a) That this Court order, adjudge and decree that Plaintiff Dorotheia R. Hunter may reform and rectify said deed, dated January 14, 2008, by canceling the deed as it now stands recorded and executing a similar deed to Michael Wagner, R, and Dorotheia Hunter and Donn Criley, Jr., as parents and natural guardians of Sharlena R. Wagner and Dakota Criley, as Grantees, so that the deed is legally valid at the time the deed was made, and give effect thereto. (b) Such other and further relief as may be necessary and proper. May 1, 2008 Peter B. Foster, Esquire Attorney for Plaintiffs Pinskey & Foster 114 South Street Harrisburg, PA 17101 (717) 234-9321 I.D. 15357 VERIFICATION On this date, May 1, 2008, the undersigned, Donn B. Criley, Jr., does hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of his information, knowledge and belief. The undersigned understands that false statements herein made are subject to the penalties of 18 Pa. C.S.A. § 4964, unsworn falsification to authorities. May 1, 2008 Donn B. Criley, Jr. S . VERIFICATION On this date, May 1, 2008, the undersigned, Dorotheia R. Hunter, does hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of his information, knowledge and belief. The undersigned understands that false- statements herein made are subject to the penalties of 18 Pa. C.S.A. § 4964, unworn falsification to authorities. orx May 1, 2008 Dorotheia R. Hunt VERIFICATION On this date, May 1, 2008, the undersigned, Michael Wagner, II, does hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of his information, knowledge and belief. The undersigned understands that false statements herein made are subject to the penalties of 18 Pa. C.S.A. § 4964, unworn falsification to authorities. May 1, 2008 l Mic 1 Wagner, II C " -rl O DOROTHEIA R. HUNTER, DONN B. CRILEY, JR. and MICHAEL WAGNER, II, Plaintiffs V. STEPHANIE L. GAFFEY, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION No. 08-3089 IN EQUITY NOTICE TO PLEAD To: Dorotheia R. Hunter, Donn B. Criley, Jr., and Michael Wagner, II c/o Peter B. Foster, Esquire Pinskey & Foster 114 South Street Harrisburg, PA 17101 Attorney for Plaintiffs You are hereby notified to plead to the enclosed New Matter within 20 days from service hereof. ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, this 13 day of 3"V-vr- , 2008, comes Defendant, Stephanie L. Gaffey, and files the following Answer and New Matter to Plaintiffs'Complaint, wherein the following is averred; 1. Neither admitted nor denied. Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiffs' Complaint. 2. Neither admitted nor denied. Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 2 of Plaintiffs' Complaint. 3. Neither admitted nor denied. Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 3 of Plaintiffs' Complaint. 4. Admitted. 5. Neither admitted nor denied. Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 5 of Plaintiffs' Complaint. 6. Admitted. 7. Admitted in part, denied in part. It is denied that a copy of said Deed was attached as Exhibit "A" to Defendant's copy of Plaintiffs' Complaint which was served upon her. 8. Denied. Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 8 of Plaintiffs' Complaint. 9. Admitted in part, denied in part. It is admitted that Dorotheia Hunter has written a Will which names Stephanie L. Gaffey as Trustee of said two minor children in the event of her death. Defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments contained in paragraph 9 of Plaintiff's Complaint. It is further denied that a copy of said Will was attached as Exhibit "B" to Defendant's copy of Plaintiffs' Complaint which was served upon her. 10. The averments contained in paragraph 10 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent that said averments are factually specific and do not contain conclusions of law, same are denied. 11. Denied. Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiffs' Complaint. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs' Complaint with prejudice, together with such other relief that this Honorable Court deems appropriate. New Matter 12. Defendant reserves the right to assert all other affirmative defenses under the provision of Pa R.C.P. 1030 to the extent that further investigation or discovery reveals facts to show that any such defenses may be pertinent herein. 13. Defendant hereby incorporates by reference the proceeding paragraphs of this Answer as if same were set forth at length herein. 14. Defendant has not acted in any way that was not in accordance with her duties as a fiduciary. 15. Plaintiff, Dorotheia Hunter ("Hunter"), advised Defendant that she was very ill and wanted Defendant to be the Trustee for her minor children in connection with certain real property that she wanted to be titled in the names of her and her children, including her minor children. 16. Plaintiff Hunter never advised Defendant that the father to said minor children was available and able to be the Trustee for said minor children. 17. Defendant no longer wishes to be a Trustee to Plaintiffs' minor children if the following circumstances exist: A. Trust under the Will of Dorotheia Hunter for the minor children is void; B. Natural Father of minor children is available to be a trustee for said minor children. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss the Plaintiffs' Complaint with prejudice and that she be allowed to resign as a Trustee for said minor children. Respectfully submitted, BY: Stephani L. Gaffey, ro Se VERIFICATION I, Stephanie L. Gaffey, hereby verify the statements set forth in the foregoing Answer to Plaintiffs' Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made by me are subject to the penalties of 18 PAC.S.A. Section 4904, regarding falsification to authorities. v BY• • Stephanie L. Gaffey Date: CERTIFICATE OF SERVICE I, Stephanie L. Gaffey, hereby certify that a true and correct copy of the foregoing Answer to Plaintiffs' Complaint with New Matter was served via United State Mail, first class, postage prepaid, upon: Peter B. Foster, Esquire Pinskey & Foster 114 South Street Harrisburg, PA 17101 Attorney for Plaintiffs Date: h3ln By: : ?V "a Stephanie L. Gaffey, ro S C? r-17 ° p ?t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUNTER DOROTHEIA R ET AL VS GAFFEY STEPHANIE L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: GAFFEY STEPHANIE L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 18th , 2008 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: So wers. Docketing 18.00 Out of County 9.00 Surcharge 10.00 omas Kline Dep Lebanon County 39.03 r iff of Cumberland County Postaqe 1.35 06/18/2008 PETER FOSTER Sworn and subscribe to before me this day of 77.38 ? Gi y C/ A. D. `s In The Court of Common Pleas of Cumberland County, Pennsylvania Dorotheia R. Hunter et al vs. Stephanie L. Gaffey No. 08-3089 civil Now, May 21, 2008 L SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the NOTICE AND COMPLAINT No. 08-3089 Pinskey & Foster Return To: Cumberland County Peter B. Foster, Esquire Dorotheia R. Hunter, Donn B. Criley, 114 South Street Jr. and Michael Wagner II Harrisburg, PA 17101 (717)234-9321 VS. Stephanie L. Gaffey Docket Page 27479 STATE OF PENNSYLVANIA COUNTY OF LEBANON ) SS: David Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within NOTICE IN EQUITY upon STEPHANIE L. GAFFEY the within named DEFENDANT, by handing a true and attested copy thereof, personally to her on June 3, 2008 at 8:05 A.M., at 204 Spruce Court, Annville (North Londonderry Township), Lebanon County, Pennsylvania, and by making known to her the contents of the same Sworn to and subscribed before me SO ANSWERS, This 3rd day of June, 2008 } Public it DEPUTY SHERIFF -yk?- it SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 5/22/2008 Check No. 64141 Amount $ 150.00 Costs Incurred: Amount $ 39.03 Amount of Refund: Check No. a;R&W Amount $ 110.97 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072