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Home My WebLink About08-5985D EVANGELIA SPANOS : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW JOANNE ROVAN, NO. 08- Sr'1 ~ Civil Term Defendants 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DLSABILITIES 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 accomodations 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.. You must attend the scheduled conference or hearing. EVANGELIA SPANOS Plaintiff PENNSYLVANIA vs. JOANNE ROVAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION -LAW NO. 08- ~p~~ Civil Term COMPLAINT COUNT I: BREACH OF CONTRACT AND NOW, comes Evangelia Spanos, Plaintiff, by and through Frey & Tiley Attorneys at Law and respectfully answer the Complaint of Plaintiff as follows: 1. Plaintiff is Evangelia Spanos, an adult individual, residing at 412 Croghan Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Joanne Rovan, is an adult individual, residing at 6911 Main Street, Apartment 218, Miami Lakes, Florida 33014. 3. On or about September 10, 2001, Plaintiff loaned the sum of $45,000.00 to Defendant and Laura Spanos who were then equal partners in a partnership known as J & L Java, L.L.P. A copy of Plaintiff's bank records showing the payment and of the deposit receipt showing receipt by J & L Java, L.L.P. is attached hereto and incorporated herein as Exhibit "A". 4. In consideration for the loan, Defendant and Laura Spanos verbally agreed to pay back the loan with interest at the rate of 7.00% per annum in monthly installments of $400.00, beginning in November, 2001. 5. On November 28, 2001 Defendant and Laura Spanos made their first monthly payment in the amount of $400.00 to Plaintiff by delivering a check from their partnership account, a copy of which is attached hereto and incorporated herein as Exhibit "B". 6. Defendant and Laura Spanos dissolved their partnership at the close of the year 2001 and agreed that each would make a monthly payment of $200.00 to Plaintiff to repay the loan and accrued interest. 7. Plaintiff agreed to this splitting of the payment and agreed to divide the loan evenly and allowed each of them to make monthly payments of $200.00. After this division each of the made monthly payments of at least $200.00 per month to Plaintiff through July, 2007. 8. Although Laura Spanos has continued making monthly payments on her portion of the loan, Defendant has made no payment on the loan for the months of August, 2007 through January, 2008. 9. Defendant is in default under her agreement for failing to make monthly payments of $400.00 due on and after August, 2007. 10. The principal balance now owed of the loan that is in default by reason of nonpayment by Defendant is $17,370.17. 11. Interest has accrued on the loan that is in default and remains unpaid by Defendant through January 10, 2008 in the amount of $607.96. 12. Interest continues to accrue on the unpaid balance in the amount of $3.33 per day. WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant in the amount of $17,370.17 plus interest and costs, as stated herein. COUNT II: BREACH OF IMPLIED CONTRACT 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. It is averred, in the alternative, if an express contract between Plaintiff and Defendant did not exist, that a contract implied by fact or implied within the law exists. 15. At all times relevant hereto, Defendant was aware that Plaintiff had extended a loan to Defendant and Laura Spanos and that Plaintiff expected to be repaid. Defendant made monthly payments to Plaintiff in confirmation of the implied contract and at all times relevant hereto acknowledged her.obligation to Plaintiff. 16. Defendant and Laura Spanos used the loan to pay other obligations they had and benefited from the loan. 17. The total reasonable value of the original loan was $45,000.00 and the remaining unpaid balance owed by Defendant on the value received is $17,370.17. 18. In breach of the implied contract, Defendant has failed to pay the outstanding balance and the same is now due and owing. 19. Defendant has failed to pay the aforementioned despite demand therefor. WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant in the amount of $17,370.17 plus interest from August 10, 2007 and costs, as stated herein. COUNT III: QUANTUM MERIUT/iJNTUST ENRICHMENT 20. Paragraphs 1 through 19 are incorporated herein by reference. 21. Plaintiff provided a loan to Defendant and Laura Spanos in the amount of $45,000.00 with the expectation of receiving repayment. 22. The loan by Plaintiff benefited Defendant and Laura Spanos by allowing them to pay other obligations, lower their monthly expenses and provide them a means to sell their business. 24. Defendant will be unjustly enriched if she is allowed to retain the benefits of receiving the loan without having to make reasonable payment for the benefits received. 25. Defendant understood that Plaintiff was entitled to repayment of the loan with interest, made monthly payments to Plaintiff confirming her understanding, and at all times relevant hereto acknowledged that Plaintiff was entitled to repayment. 26. The reasonable value of the original loan was $45,000.00 and the unpaid balance of that value owed by Defendant is $17,370.17. 27. Plaintiff is entitled to the repayment of $17,370.17 plus reasonable interest. WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant in the amount of $17,370.17 plus interest from August 10, 2007 and costs, as stated herein. Respectfully submitted, Frey & Tiley, Attorneys for Plaintiff B : Vr\~ Y Robert G. Frey, Esquire Supreme Court Number 3 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. ~ NI Dated:~ary oY~1 , 2008 r ~ ~ DEPOSIT TICKET J&L Java LLP DATE V ~ '°~ Checks and o er ite s are received for deposit subject to the terms and conditions of this financial institution's account agreement. Deposits may not be available for immediate withdrawal. Orrstown Bank ShippensbuFg,:RA.. a~257 CURRENCY COIN l O DO TOT OTHER SIDE LESS CASH RECD ,~: TOTAL a 80.1503!313 ,, ~:0 3 1 3 1.50 36~: '108 1 i 2 1 i911e 20 ~~'0004 5 289 c'8~~' .,, v :. Q ~ 'o' B.~11~ ,, f _ ~ ~ Teller # ransaction # Amount Time/Date Account # ` ~.~, 'P 1 ' 804#32 b DEP~ X45 s X8.9-. 28 ~-. I > 080802^3Pii09-10-01~'~I~~11~119 ~- .,. T" IJBI M .5 BR-3tiA ""' Z°-.... Please be s re to enter~this.,~ransa 'ort in your records, ,' B%HIBIT °A° ~. _~ 1 r `. ~3~ 1577 J & L JAVA LLP ~oe112>>e DBA A LA TARTS ~ArE' ~ rdQ a DO 36 W. HIQH STREET C11 CARLISLE, PA 17013.. jf.... . /~~f~.. ee n ~~ IVO.~VV PAY TO THE L l I ~ ~l~ / O 5 40 i 5 °R°ExoP hU ~~re~ t359~~~ aoQ~ ~~' pp / , DOLLARS LJ ~ '~'- w: . O _ r M°'~o I ~~V// ~'0000040000~~' -~:03L3L5036~: , L08 LL2LL9°' i5?? ' ~._?_~$ 14 8 8 J & L JAVA LLP 3'3 108112119 DBA A LA TARTS ~ 36 W. HIQ FA TR7013 DATE CARLISLE, n/~ ~. ~ J $~y ~.~. PAY TO THE ~~L ~/ ,~ ! -5S~'~O~o .~ "' ....... ORDBROF ~ ~ ~./IY~ -.~ ~S~wa~..=-., :_D~LLARS LJ~ 'o"~.~`... ~11 r f ~ j . t, ~ .~ 1+ s ti ~ - G .~1.~1~ 009 ~~~ L7/' ,,DEMO ~'0003454858~~' ti~:0 3 L 3 L 50 3 6~: L08 L L 2 i L 911' L 488 ' 1 M B%HIBIT 'B° ',..,_ ~ h t~ ~; ~ be ~.A ` ~~ • ' ~.,~~ L.~i \ ± '.' _ ti ° v' \ f ' ~ ~J d '°c^'ti CV rr ,, V (David 1D. Bue(! Prothonotary KirkS. Sohonage, ESQ Solicitor &nee X Simpson 1' Deputy 1tothonotary Irene E. Morrow 2" d Deputy Prothonotary office of the 1tothonotary Cum6erfand County, (Pennsy(vania ,08 •S?8 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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 0 Suite 100 9 Carlisle, V 17013 • (717) 240-6195 • FaX (717) 240-6573