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Home My WebLink About08-5334John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com TROY S. ULZHEIMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 533 iv i l -Ti, TANYA E. GREENE, : Defendant 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 MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com TROY S. ULZHEIMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01" "31 TANYA E. GREENE, Defendant CIVIL ACTION - LAW COMPLAINT 1. The Plaintiff is Troy S. Ulzheimer, an adult individual with an address of 115 Mt. Zion Road, Dillsburg, York County, Pennsylvania 17019. 2. The Defendant is Tanya E. Greene, an adult individual with a business address of 28 North Market Street, Lower Level, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Prior to October of 2007, the parties maintained a personal and business relationship. 4. Prior to October 2007, the personal relationship between the parties was terminated by the Defendant. As part of the business relationship, the parties entered into a partnership relating to the real estate in which the parties resided, and in which the Plaintiff continues to reside, at 115 Mt. Zion Road, Dillsburg, York County, Pennsylvania. 1 5. In addition to the real estate ownership, the parties entered into an agreement to refurbish a commercial rental property for the purpose of establishing a beauty salon business which would be owned by the parties and operated by the Defendant. 6. Pursuant to agreement of the parties, both parties undertook the refinancing of a Second Mortgage on the aforementioned real estate on September 8, 2007, in which they borrowed the sum of $57,922. 7. The original Second Mortgage was paid off, leaving net proceeds from the financing if $28,849.28, which was used in the aforementioned rehabilitation and preparation of the commercial property for the purpose of maintaining a beauty salon at 28 North Market Street, Lower Level, Mechanicsburg, Pennsylvania. 8. Pursuant to the agreement of the parties, the Plaintiff, a contractor, performed most, if not all, of the work involved in preparing and improving the leasehold premises for the purpose of operating a beauty salon, including the purchase of equipment, materials and supplies necessary to set up the business. 9. The Defendant entered into a Commercial Lease on October 1, 2007, with the Landlord for a three (3) year Lease and opened the business as a beauty salon soon thereafter. 10. Since that time, the Defendant has maintained the beauty salon and collected all of the receipts and proceeds from the operation of the business, without accounting for the same to the Plaintiff. 2 11. In addition thereto, the Defendant has made no payments on account of the loan secured against the real estate referenced above. 12. Pursuant to the parties' oral agreement, the Defendant is indebted to the Plaintiff for at least one-half of the portion of the debt associated with the preparation and improvement of the salon business, in addition to accounting for all gross and net receipts received by the business since its inception, and all future receipts thereafter. WHEREFORE, the Plaintiff requests that the Defendant be ordered to account to the Plaintiff for all money received by her since the beginning of the salon business, and that the Defendant be ordered to pay to the Plaintiff an amount which the account may show is due to the Plaintiff, in addition to the amount of the loan referenced herein, and to grant such further relief as may be deemed just and proper by this Honorable Court. Respectfully submitted, PURCELL, KRUG & HALLER By. John . Purcell, Jr., Esqui I 9955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff DATE: ? 5 (, e 3 VERIFICATION I verb that the statements made in the foregoing COMPLAINT 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: 3 to ? 'fi?- Sy ? UO? b a ~7 SHERIFF'S RETURN - REGULAR CASE NO: 2008-05334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ULZHEIMER TROY S VS GREENE TANYA E TIMOTHY BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GREENE TANYA E the DEFENDANT at 1520:00 HOURS, on the 17th day of September, 2008 at 28 NORTH MARKET STREET LOWER LEVEL MECHANICSBURG, PA 17055 TANYA GREENE by handing to 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 Service Postage Surcharge iblb llor %", 18.00 10.00 .42 10.00 .00 38.42 Sworn and Subscibed to before me this day So Answers : R. Thomas Kline 09/18/2008 PURCELL KRUG HALLER By: Deputy Sheriff of A. D. 01 TROY S. ULZHEIMER IN THE COURT OF COMMON PLAINTIFF, PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION-LAW TANYA E. GREENE DEFENDANT, NO. 08-5334 CIVIL TERM 1 ply C11 : ?V . ? A D1-, Defendant, TANYA E. GREENE, answers and responds to the Complaint of the Plaintiff as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the parties had a personal relationship. It is denied that the parties ever had any type of business relationship. On the contrary, the parties resided together and shared expenses while they were together. 4. Admitted in part andDenied in part. It is admitted that the personal relationship between the parties ended on December 31, 2007. It is denied that any business or partnership was ever created regarding the parties jointly owned home. On the contrary, the Plaintiff continues to reside in the jointly owned real estate at 115 Mt. Zion Road Dillsburg, Pennsylvania without any agreement or understanding with the Defendant. 5. Denied. It is denied that the parties ever intended that the Plaintiff would have an interst in the Defendant's beauty salon business. On the contrary, the beauty salon business is owned and operated solely by the Defendant. 6. Admitted. It is admitted that the parties took out a mortgage on their home on September 8, 2007. 7. Admitted in part andDenied in part. It is admitted that part of the funds from the foregoing mortgage were used to pay off an existing mortgage on the home and that some of the funds went in to the Defendant's beauty salon ?usiness at 28 North Market Street in Mechanicsburg. It is denied, however, that $28,80.28 was put into the Defendant's business. On the contrary, the amount that was used for the Defendant's business was approximately $17,000.00. z ? ?'" 8. Denied. It is denied that the Plaintiff is a contractor. On the contrary, the Plaintiff performed some work on the Defendant's salon while the parties were still living together. The bulk of the work, however, was done by the Defendant and her friends and family after the parties separated. At the time the parties separated on December 31, 2007 the electrical work still had to be done, sinks had to be installed, work stations set up, floors and ceilings finished and the premises furnished. The work was not completed until March of 2008. 9. Admitted in part and Denied in part. It is admitted that the Defendant leased her beauty salon premises on October 1, 2007 but she did not open for business until March 4, 2008. From that time, she has operated the salon business without any help or cotibution from the Plaintiff. 10. Admitted. 11. Admitted. It is admitted that the Defendant has not made any mortgage payments on the premises where the Plaintiff is currently residing, however, she did offer to make regular monthly payments to the Plaintiff which he refused_ 12. Denied as stated. It is denied that there was any agreement between the parties regarding the Defendant's beauty salon that would require her to provide any of its financial records to the Plaintiff. WHEREFORE the Defendant, Tanya E. Greene, requests that judgment not be entered against her. ELAK, ESQUIRE ATTORNEY FOR DEFENDANT, TANYA E. GREENE 16 W. Northampton Street Wilkes-Barre, PA 18701 (570) 822-8211 Dated: October 6, 2008 TROY S. ULZEIMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF CIVIL ACTION--LAW VS TANYA E. GREENE DEFENDANT NO. 08-5334 OF 2005 CERTIFICATE OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF LUZERNE I, MARK PELAK, ESQUIRE, being duly sworn according to law depose and say that I am an attorney-at-law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 8th day of October 2005, I served upon Attorney John W. Purcell Jr. Engle, 1719 North Front Street Harrisburg, Pennsylvania, 17102 a conformed copy of the foregoing Complaint by U.S. First Class M aL--'1 J--' MARK K, ESQUIRE ATTORNEY FOR Plaintiff 16 W. Northampton Street Wilkes-Barre, PA 18701 / cam onn on 1 a ?t° i ' f _. . 4 i -..,.. I verify that the facts set forth in the foregoing Answer are true to the best of my knowledge and I understand that any false statements made herein are subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities. `-- -TANYA E. GREENE C?3 -TI Z ? i r, .. 41..E •_ ..?3 i. 4: ..mow M . , i i_n • • ia' (Tl gueff Trothonotary ' -"�-+�~�/��+/�lYJ7 �7�/- --�/'-- / -'- _.--'_ ~. -/ -~k-.--n-o`—~Q. SoCicitor OP 6331/ 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. BYTHE COURT, DAVID D. BUELL