HomeMy WebLinkAbout01-6530 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACOB IL SHANK a/Wa PETE
SHANK, an individual,
vs.
Plaintiff,
PATRICIA J. STERLING,
an individual,
Defendant.
CIVIL ACTION - LAW
NO. o
NOTICE TO DEFEND
NOTICE
AVISO
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 and 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
USTED HA SIDO DEMANDADO/A EN CORTE.
Si usted desea defenderse de las demandas que se
presentan mas adelante en las siguientes paginas,
debe romar aocion dentro de los proximos veinte (20)
dias despues de la notifcacion de esta Demanda y
Aviso radicando personalmente o pot medio de un
abogado trna comparecencia escrita y radicando en la
Corte por escrito sus defensas de, y objoccion'es a, las
demandas presentada aqtti en contra suya. Se le
advierte de que si nsted falla de romar acoion como
se describe anteriormente, el caso puede proceder sin
usted y un fallo par cualquier suma de dinero
reclamada en la demanda o cualquier otra
reclamacion o remedio solicitado pot el demandante
puede set dictado en contra suya por la Corte sin mas
aviso adicional. Us'ted pued¢ perder dinero o
propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A
SU ABOGADO 1NMEDIATAMENTE. SI USTED
NO TIENE UN ABOGADO O NO PUEDE
PAGARLE A UNO, LLAME O VAYA A LA
SIGUIENTE OFICINA PARA AVERIGUAR
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACOB R. SHANK a/k/a PETE
SHANK, an individual,
VS.
Plaintiff,
PATRICIA J. STERLING,
an individual,
Defendant.
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the Plaintiff, Jacob R. Shank, by and through his counsel, Gates &
Associates, P.C., and makes the following complaint:
1. Jacob R. Shank a/k/a Pete Shank is an adult individual maintaining a residence at
H.C. 63 Box 7, McAlisterville, Pennsylvania 17049 (hereinafter referred to as "Plaintiff" or
"Shank").
2. Patficia J. Sterling is an adult individual currently residing at 504 Walton Court,
Lemoyne, Pennsylvania 17043 (hereinafter referred to as "Defendant" or "Sterling").
3. Beginning in November, 1999 and continuing through July, 2001, Shank provided
numerous services to Defendant, including, but not limited to, the provision of certain labor and
materials, regarding the upkeep, maintenance and improvements to, inter alia, Defendant's
personal residence.
residence.
5.
Shank paid $49.00 for a garage door repair item for Defendant's personal
Shank paid $1,328.00 for a new garage door for Defendant's personal residence.
residence.
7.
Shank paid $470.64 for a certain range stove affixed in Defendant's personal
Shank paid for certain window blinds and related materials and expended labor and
provided services installing said window blinds in Defendant's personal residence in the mount of
$110.71.
8. Shank paid $1,472.16 for the service and maintenance of Defendant's 1992
Cadillac automobile.
9. Shank paid for certain painting materials and expended labor and provided services
painting a certain room or rooms within Defendant's personal residence in the amount of $143.09.
10. Shank paid for certain stone materials and expended labor and provided services
installing said stones upon the exterior of Defendant's personal residence in the amount of
$318.08.
11. Shank paid for the materials and installation ora certain fence on the property of
Defendant's personal residence in the amount of $3,839.97.
12. Shank paid certain concrete materials and expended labor and provided services
pouring a cOncrete foundation on the property of Defendant's personal residence for a utility shed
in the amount of $253.60.
13. Shank expended labor and provided services for the erection of a utility shed upon
the property of Defendant's personal residence in the amount of $240.00.
14. Shank paid for certain landscaping materials for the borders and edging of the
property of Defendant's personal residence in the amount of $94.60.
15. Shank paid $400.00 for certain maintenance materials utilized for the maintenance
of Defendant's personal residence.
16. Shank paid for certain decorative stone materials and expended labor and provided
services for the installation of said decorative stone in the amount of $484.86.
17. Shank paid $150.00 for certain blacktop materials applied to the driveway of
Defendant's personal residence.
18. Shank paid for a garbage disposal and expended labor and provided services for
the installation of said garbage disposal in Defendant's personal residence in the amount of
$120.00.
19. Shank paid for a certain water system and expended labor and provided services
for the installation of said water system in certain investment real property of the Defendant in the
amount of $1,230.00.
20. Shank paid for certain insulation materials and expended labor and provided
services for the installation of said insulation in Defendant's personal residence in the amount of
$315.00.
21. On multiple occasions, Defendant orally acknowledged to Shank the obligation to
repay Shank for the labor and materials provided to Defendant by Shank.
22. In April, 2001, Shank agreed to purchase a 1992 Cadillac automobile in the
amount of $6,000.00 for Defendant and, in return, Defendant agreed to repay Shank at such time
as Defendant was able.
23. To date, Shank has not received payment for any of the services, including labor
and/or materials provided to Defendant.
24. To date, Shank has not received payment on the above referenced 1992 Cadillac
automobile.
25. Shank made demand upon Defendant to repay the monies loaned to Defendant for
the purchase of the 1992 Cadillac and to repay of the cost of materials and associated labor
incurred on the aforementioned items on September 25, 2001.
COUNT I. BREACH OF EXPRESS ORAL AGREEMENT
26. Paragraphs 1 - 25 of this Complaint are herein incorporated by reference as though
set forth in full.
27. Defendant entered into an express oral agreement as set forth above.
28. Defendant was in breach of said Agreement in or about September, 2001.
29. Plaintiff is entitled to interest at the judgment rate of six (6%) percent per annum
from the date of the loan.
WHEREFORE, Plaintiff demands judgment against Defendant, Patricia J. Sterling for
principal and judgment interest in the amount of Six Thousand Three Hundred Sixty and 00/100
($6,360.00) Dollars, plus costs, attorney fees and additional interest accruing during the pendency
of this action.
COUNT H. UNJUST ENRICHMENT
30. Paragraphs 1 - 29 of this Complaint are herein incorporated by reference as though
set forth in full.
31. Shank conferred a benefit upon Defendant by purchasing Defendant a 1992
Cadillac automobile for Defendant on the condition that Defendant would repay Shank in full.
32. Shank conferred additional benefits upon Defendant by providing significant
services, including labor and materials to Defendant as set forth above.
33. Defendant appreciated the benefits provided by Shank.
34. Defendant accepted and retained the benefits provided by Shank~
35. It would be inequitable for Defendant to retain the benefit of the services provided
by Shank without the payment of value for the herein referenced services.
36. Shank is entitled to interest at the judgmem rate of six (6%) percent per annum
from the date of the loan.
WHEREFORE, Plaintiff demands judgment against Defendant, Patricia J. Sterling for
principal and judgment interest in the amount of Eighteen Thousand Forty and 89/100
($18,040.89) Dollars, plus costs, attorney fees and additional interest accruing during the
pendency of this action.
Respectfully submitted
GATES & ASSOCIATES, P.C.
Albert N~. ~eterlin, l~sq~li~ .. v
Attorney I.D. No. 84180
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
DATED:
VERIFICATION
I, Jacob R. Shank a/k/a Pete Shank, state that I have reviewed the foregoing Complaint
and verify that it is true and correct to the best of my knowledge, information and belief.
I further verify that these statements made by me are subject to the penalties of' 18
Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
DATED:
JACOB R. SHANK a/k/a PETE
SHANK, an Individual,
Plaintiff
VS.
PATRICIA J. STERLING, an
Individual,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6530 CIVIL
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO:
JACOB R. SHANK a/Ida PETE SHANK
C/o Albert N. Peterlin, Esquire
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
YOU ARE HEREBY notified to file a wdtten response to the enclosed Answer With
New Matter of Defendant Patricia J. Steding within twenty (20) days from service hereof or
a judgment may be entered against you.
Dated:
Respectf bmitted,
/T~KER ~ENSBE~G & SWARTZ
By:~ __
11 i/No~h Front ~'l[~;N~t
PI~~. Box 889
H~'risburg, PA 17108-0889
(717) 234-4121
Attorney for Defendant
JACOB R. SHANK a/k/a PETE
SHANK, an Individual,
Plaintiff
VS.
PATRICIA J. STERLING, an
Individual,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6530 CIVIL
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER
AND NOW COMES the Defendant by her attorney, James G. Morgan, Jr., of the
law firm of TUCKER ARENSBERG & SWARTZ and avers as follows:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. It is admitted that Plaintiff performed
various services for Defendant and at Defendant's personal residence. By way of
further answer, it is specifically denied that Defendant entered into any oral and/or
written agreement with Plaintiff stating that Defendant would compensate Plaintiff for
these services.
4. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
5. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
6. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
7. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands stdct proof at trial.
8. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
9. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
10. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
11. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
12. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
13. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial,
14. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
15. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
16. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
17. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
18. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
19. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
20. Neither admitted nor denied. Defendant is without sufficient knowledge to
answer the same and demands strict proof at trial.
21. Denied. It is specifically denied that Defendant orally acknowledged to
Plaintiff any obligations to repay him for any alleged labor and materials provided to
Defendant by Plaintiff.
22. Denied. It is specifically denied that Plaintiff purchased a 1992 Cadillac
automobile in April of 2001. By way of further answer, it is specifically denied that
Defendant agreed to repay Plaintiff for the purchase of a 1992 Cadillac automobile in
the amount of $6,000.00 and/or any other monetary amount.
3
23. Admitted in part and denied in part. it is admitted that Defendant has not
paid Plaintiff for any alleged services, labor and materials provided to Defendant. By
way of further answer, it is specifically denied that Defendant orally acknowledged to
Plaintiff any obligations to repay him for any alleged services, labor and materials
provided to Defendant by Plaintiff.
24. Admitted in part and denied in part. It is admitted that Defendant has not
paid Plaintiff for the purchase of a 1992 Cadillac automobile. By way of further answer,
it is specifically denied that Defendant orally acknowledged to Plaintiff any obligations to
repay him for a 1992 Cadillac automobile provided to Defendant by Plaintiff.
25. Denied. It is specifically denied that Plaintiff made a demand upon
Defendant to repay the alleged monies loaned to Defendant for the purchase of a 1992
Cadillac automobile and to repay of the cost of materials and associated labor incurred
on the aforementioned items on September 25, 2001.
WHEREFORE, Defendant demands judgment in her favor against Plaintiff as
well as an award for attorneys' fees and costs of suit.
26.
27.
oral agreement with Plaintiff.
COUNT I
BREACH OF EXPRESS ORAL AGREEMENT
No answer is necessary.
Denied. It is specifically denied that Defendant entered into an express
4
28. Denied. It is specifically denied that Defendant entered into an express
oral agreement with Plaintiff. Thus, Defendant is not in breach of said Agreement in or
about September, 2001.
29. Denied. It is specifically denied that Plaintiff is entitled to interest at the
judgment rate of six (6%) percent per annum from the date of the loan because, in fact,
there never was an express oral agreement between Plaintiff and Defendant at any
time.
WHEREFORE, Defendant demands judgment in her favor against Plaintiff as
well as an award for attorneys' fees and costs of suit.
COUNT II
UNJUST ENRICHMENT
30. No answer is necessary.
31. Denied. It is specifically denied that Plaintiff conferred a benefit upon
Defendant by purchasing Defendant a 1992 Cadillac automobile for Defendant on the
condition that Defendant would repay Plaintiff in full.
32. Admitted.
33. Admitted.
34. Admitted.
35. Denied. It is specifically denied that it would be inequitable for Defendant
to retain the benefit of the services provided by Plaintiff without the payment of value for
5
the referenced services enumerated within Plaintiff's Complaint. By way of further
answer, Defendant advised Plaintiff prior to the purchase of the 1992 Cadillac
automobile and prior to the services provided by Plaintiff, that she could not afford to
compensate Plaintiff due to the fact that she was on a fixed monthly income.
36. Denied. It is specifically denied that Plaintiff is entitled to interest at the
judgment rate of six (6%) percent per annum from the date of the loan.
WHEREFORE, Defendant demands judgment in her favor against Plaintiff as
well as an award for attorneys' fees and costs of suit.
NEW MATTER
37. Plaintiff has failed to state a cause of action against Defendant upon which
relief can be granted.
38. Plaintiff was a full time resident at Defendant's residence from approximately
January, 2000 through July, 2001. During this entire time period, Defendant did not
charge Plaintiff any rent.
6
WHEREFORE, the Defendant respectfully requests that the Plaintiff's
Complaint be dismissed in its entirety and attomeys' fees and costs be assessed against
the Plaintiff, as well as any other relief this Court deems appropriate.
Dated: December 'I \ ,2001
45705.1
Respectfully~,bmitted,
,~E/~,~iE'~~~ & SWARTZ
James/~.WMorgan, J~. ,'~q~i~/e
Attornlyl. D. No. 168~t' kJ
111 N~rti~ Front Street
Harrisl~ur{i, PA 17101-0889
(717) ~,,~-4121
7
VERIFICATION
I, JAMES G. MORGAN, JR., attorney for the Defendant, Pa~cia J. Sterling, in the
within action, makes this verifieatiun on behalf of the Defendant, as a verification from the
Defendant can not be obtained within the time allowed for filing the pleading, and I affirm that
the facts set forth in the foregoing document are true and correct to the best of my information
and belief. The information has been provided to the undersigned by the Defendant.
I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.
{}4904, relating to unswom falsification to authorities.
James G?~Morga~
/
27065.1
CERTIFICATE OF SERVICE
AND NOW, this i ~ day of December, 2001, I, Cathleen A. Kohr, for the firm
of Tucker Arensberg & Swartz, attorneys for Defendant, hereby certify that I have this day
served Defendant's Answer with New Matter by causing a copy of the same to be placed
in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania,
addressed as follows:
Albert N. Petedin, Esquire
GATES & ASSOCIATES, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Cathleen A. Kohr
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACOB R. SHANK a~k/a PETE :
SHANK, an individual, :
:
Plaintiff, :
;
VS. :
:
PATRICIA J. STERLING, :
an individual, :
:
Defendant. :
ANSWER TO DEFENDANT'S
ANSWER WITH NEW MATTER
CML ACTION - LAW
NO. 01-6530 CML
Plaintiff, Jacob R. Shank, by and through his counsel, Gates & Associates, P.C., respond to Defendant's
Answer with New Matter, and aver as follows:
37. Denied. The averments contained in this paragraph constitute conclusions of law
to which no response is required.
38. Denied. At all times heretofore, Plaintiff maintained a residence at certain real
property owned by Plaintiff and commonly identified as H.C. 63 Box 7, McAlisterville, Pennsylvania 17049. By
way of further response, although Plaintiff maintained the above-referenced residence at all times heretofore,
Plaintiff paid Defendant approximately Four Hundred and 00/100 ($400.00) Dollars per month to cover certain
living expenses of Defendant from January, 2000 through July, 2001.
Respectfully submitted
GATES & ASSOCIATES, P.C.
Attorney LD. No. 84180
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintiff)
DATED:
CERTIFICATE OF SERVICE
I, Albert N. Peterlin, Esquire, hereby certify that a true and correct copy of the foregoing
Answer to Defendant's Answer with New Matter, has been served upon the following counsel of
record by first class mail, postage prepaid, addressed as follows:
James G. Morgan, Jr.
TUCKER ARENSBERG & SWARTZ
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
DATED:
GATES & ASSOCIATES, P.C.
A~ert NJ. P~terfin~E~q6/tr/c//
Attorney for the Plaintiff
JACOB R. SHANK oJk/a PETE :
SHANK, an Individual, :
Plaintiff :
VS.
PATRICIA J. STERLING, an :
Individual, :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6530 CIVIL
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER IN OPPOSITION TO PLAINTIFF'S MOTION
FOR SUMMARY JUDGMENT
AND NOW, comes the Defendant, Patricia Sterling, by and through her counsel, James G.
Morgan, Jr., Esquire, and TUCKER ARENSBERG & SWARTZ, and hereby aver the following:
1. Admitted.
2. Admitted.
3. Denied. Defendant's Answer with New Matter in response to Plaintiffs Complaint
was filed on December 13, 2001.
4. Admitted.
5. Admitted. By way of further answer, there is outstanding discovery responses to
Defendant's Interrogatories and Request for Production of Documents directed to Plaintiff wherein
additional facts will be produced to support Defendant's Answer in Opposition to Plaintiff's Motion
for Summary Judgment.
6. Admitted. It is admitted that Defendant has received labor and materials from
Plaintiff. By way of further answer, Plaintiff insisted on providing certain benefits to Defendant
even though Plaintiff was aware of Defendant's economic situation wherein she wasn't able to
compensate Plaintiff for these services. Further, Plalntiffprovided the labor and materials to
Defendant as gifis, wherein Plaintiff willingly transferred money and/or property to Defendant
without payment and with no thought of any possible financial benefit to the giver, the Plaintiff.
7. Admitted. It is admitted that Defendant has received labor and materials from
Plaintiff. By way of further answer, Plainfiffinsisted on providing certain benefits to Defendant
even though Plaintiff was aware of Defendant's economic situation wherein she wasn't able to
compensate Plaintiff for these services. Further, Plaintiff provided the labor and materials to
Defendant as gifts, wherein Plaintiff willingly transferred money and/or property to Defendant
without payment and with no thought of any possible financial benefit to the giver, the Plaintiff.
8. Denied. It is specifically denied that Defendant wrongfully secured or passively
received a benefit under such circumstances that it would be unconscionable to retain it without
payment. By way of further answer, Plaintiff provided the labor and materials to Defendant as gifts,
wherein Plaintiff willingly transferred money and/or property to Defendant without payment and
with no thought of any possible financial benefit to the giver, the Plaintiff. Further, Plaintiff
appreciated the benefit of residing at Defendant's premises for a period of one year, at considerable
effort and expense to Defendant.
9. Admitted in part and denied in part. It is admitted that Plaintiff conferred benefits
upon Defendant. It is admitted that Plaintiff conferred benefits upon Defendant as gifts, wherein
Plaintiff willingly transferred labor, money and/or property to Defendant without payment and with
no thought of any possible financial benefit to the giver, the Plaintiff. By way of further answer, it
is specifically denied that Defendant entered into any oral and/or written agreement with Plaintiff
stating that Defendant would compensate Plaintiff for these services. Further, Plaintiff appreciated
2
the benefit of residing at Defendant's premises for a period of one year, at considerable effort and
expense to Defendant.
10. Admitted. It is admitted that Defendant appreciated the benefits conferred upon
Defendant. By way of further answer, there is outstanding discovery responses to Defendant's
Interrogatories and Request for Production of Documents directed to Plaintiff wherein additional
facts will be produced to support Defendant's Answer in Opposition to Plaintiff's Motion for
Summary Judgment.
11. Admitted. It is admitted that Defendant accepted and retained the benefits provided
by Plaintiff. By way of furthar answer, Plaintiff insisted on providing certain benefits to Defendant
even though Plaintiff was aware of Defendant's economic situation wherein she wasn't able to
compensate Plaintiff for these benefits. Further, Plaintiff conferred benefits upon Defendant as
gifts, wherein Plaintiff willingly transferred labor, money and/or property to Defendant without
payment and with no thought of any possible financial benefit to the giver, the Plaintiff.
12. Admitted.
13. Admitted.
14. Admitted in part and denied in part. By way of further answer, there is outstanding
discovery responses to Defendant's Interrogatories and Request for Production of Documents
directed to Plaintiff wherein additional facts will be produced to support Defendant's Answer in
Opposition to Plaintiff's Motion for Summary Judgment.
15. Admitted in part and denied in part. By way of further answer, there is outstanding
discovery responses to Defendant's Interrogatories and Request for Production of Documents
3
directed to Plaintiff wherein additional facts will be produced to support Defendant's Answer in
Opposition to Plaintiff's Motion for Summary Judgment.
16. Admitted. It is admitted that Defendant is not related to Plaintiff by blood or
marriage. By way of further answer, Defendant and Plaintiff were residing together as a couple
within Defendant's residence for a significant period of time.
17. Admitted. By way of further answer, there is outstanding discovery responses to
Defendant's Interrogatories and Request for Production of Documents directed to Plaintiff wherein
additional facts will be produced to support Defendant's Answer in Opposition to Plaintiff's Motion
for Summary Judgment.
18. Denied. Although Defendant hasn't provided any monetary compensation to
Plaintiff in return for benefits conferred upon the Defendant by Plaintiff, it is denied that Plaintiff
hasn't received consideration from Defendant in the form of companionship and housing for a
significant period of time. By way of further answer, Plaintiff conferred benefits upon Defendant as
gifts, wherein Plaintiff willingly transferred labor, money and/or property to Defendant without
payment and with no thought of any possible financial benefit to the giver, the Plaintiff.
19. Denied. By way of further answer, there is outstanding discovery responses to
Defendant's Interrogatories and Request for Production of Documents directed to Plaintiff wherein
additional facts will be produced to support Defendant's Answer in Opposition to Plaintiff's Motion
for Summary Judgment.
20. Denied. By way of further answer, there is outstanding discovery responses to
Defendant's Interrogatories and Request for Production of Documents directed to Plaintiff wherein
4
additional facts will be produced to support Defendant's Answer in Opposition to Plaintiff's Motion
for Summary Judgment.
WHEREFORE, Defendant, Patricia Sterling, respectfully requests that this Honorable
Court deny Plaintiff's Motion for Summaxy Judgment.
Dated:
47628.1
By:
Respectfully submitted,
TUCKER AREb
Jam~
Att{
111
P.O
Hat
(717
IBERG & SWARTZ
G. Morgan,
ey I.D. #16897
~rth Front Street
lox 889
5burg, PA 17108-0889
2344121
Attorneys for Defendant
5
VERIFICATION
I, Patricia J. Sterling, verify that the facts stated in the foregoing document are tree and
correct to the best of my knowledge, information and belief.
I understand that any false statements made to this verification are subject to the penalties
of 18 Pa. C.S.A. {}4904, relating to unswom falsification to authorities.
46280.1
' ~Patricia J. SterlingS//
CERTIFICATE OF SERVICE
AND NOW, this ~ day of February, 2002, Cathleen A. Kohr, for the firm of
TUCKER ARENSBERG & SWARTZ, attorneys for Defendant, hereby certify that I have this
day served the within DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS
by depositing a copy of the same in the United States Mail, first class, postage prepaid, at
Harrisburg, Pennsylvania, addressed as follows:
Albert N. Peterlin, Esquire
GATES & ASSOCIATES, P.C.
1013 Mumma Road
Suite 100
Lemoyne, PA 17043
CATHLEENA. KOHR
6
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACOB R. SHANK a/Ida PETE
SHANK, an individual,
Plaintiff,
PATRICIA J. STERLING,
an individual,
Defendant.
CIVIL ACTION - LAW
NO. 01-6530 CIVIL
~ST CASE FOR ORAL ARGUMENT
TO THE PROTHONOTARY:
Please list the within matter for the next Argument Court.
1. The matter to be argued is the Plaintiff s Motion for Summary Judgment.
2. Names and addresses of all attorneys who will argue the case:
(a) Plaintiffis): Albert N. Peterlin, Esquire, Gates, Halbrnner & Hatch, P.C., 1013
Mumma Road, Suite 100, Lemoyne, Pennsylvania 17043.
(b) Defendant(s): James G. Morgan, Ir., Esquire, Tucker Arensburg & Swartz, 111
North Front Street, P.O. Box 889, Harrisburg, pennsylvania 17108-0889.
Within two (2) days, I will notify all parties that this ease has been listed for
argument.
4.
Argument Court Date: luly 24, 2002
Respectfully submitted,
GATES, HALBRUNER & HATCH, P.C.
Attorney I.D. #84180
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorney for Plaintiff)
Dated: June 28, 2002
CERTIFICATE OF SERVICE
I, Albert N. Peterlin, Esquire, hereby certify that a true and correct copy of the foregoing
Praecipe to List Case for Oral Argument, has been served upon the following counsel of record
by first class mail, postage prepaid, addressed as follows:
James G. Morgan, Jr.
TUCKER ARENSBERG & SWARTZ
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
DATED: June 28, 2002
GATES, HALBRUNER & HATCH, P.C.
Albert 1~. Pete~lin,"~s~uir~
Attorney for the Plaintiff
JACOB R. SHANK a/k/a PETE
SHANK, an individual,
Plaintiff
VS.
PATRICIA J. STERLING,
an individual,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 01-6530 CIVIL
CIVIL ACTION -LAW
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HOFFER, P.J., HESS AND OLER, JJ.
ORDER
AND NOW, this Z 5~ ~ day of July, 2002, following argument thereon, the motion
of the plaintiff for summary judgment is DENIED.
~'Albert N. Petelin, Esquire
For the Plaintiff
James G. Morgan, Jr., Esquire
For the Defendant
BY THE COURT,
KTA. Hess, J.
:rim
JACOB R. SHANK a/k/a
PETE SHANK, an
Individual
Plaintiff
PATRIClA J. STERLING,
An individual
Defendant
RULE 1312-1.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL 19
The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
/0cL~A~'tr-/L/' /'~TE"~'-/d'~, a~5~ at~',~'.counsel for the plaintiff/defendant in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $.
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
Respectfully submitted,
ORDER OF COURT
ANDNOW,. ~/~ ~j c~ff'~ , .l.9_,$~w.,~n consideration of the
foregoing petition, ~'~"~'~-~ ~-~ Esq.,
actions) ~ prayed f~r. , Esq., a~ appointed ~bitrators in the above captioned action (or
the ~
Ir P. JT-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACOB R. SHANK a/k/a PETE
SHANK, an individual,
VS.
Plaintiff,
PATRICIA J. STERLING,
an individual,
Defendant.
CIVIL ACTION - LAW
ORDER
AND NOW, this day of ., 2002, upon
consideration of Plaintiff's Petition for Appointment of Arbitrators, it is hereby ORDERED and
DECREED that said petition is GRANTED and three arbitrators shall be appointed.
BY THE COURT:
Jo
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JACOB R. SHANK a/k/a PETE
SHANK, an individual,
VS.
Plaintiff,
PATRICIA J. STERLING,
an individual,
Defendant.
CML ACTION - LAW
o,- C"4',oc
PETITION FOR APPOINTMENT
OF ARBITRATORS
Plaintiff, Jacob R. Shank a/k/a Pete Shank ("Plaintiff'), by and through his attorneys,
Gates, Halbruner & Hatch, P.C., makes the following Petition for Appointment of Arbitrators:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $18,040.89.
3. The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators:
(a)
Albert N. Peterlin, Esquire,
Gates, Halbruner & Hatch, P.C.
1013 Mumma Road, Suite 100,
Lemoyne, Pennsylvania 17043
(717) 731-9600
(Attorneys for Plaintiff)
(b)
James G. Morgan, Jr., Esquire
Tucker Arensberg & Swartz
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
(Attomeys for Defendant)
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
GATES, HALBRUNER & HATCH, P.C.
~Albert N. Peterlin, l~squi~e
Supreme Court Bar No.: 84180
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Plaintif0
DATE: November 6, 2002
CERTIFICATE OF SERVICE
I, Albert N. Peterlin, Esquire, hereby certify that a true and correct copy of the foregoing
Petition for Appointment of Arbitrators, has been served, on this day, upon the following counsel
of record by first class mail, postage prepaid, addressed as follows:
James G. Morgan, Jr.
TUCKER ARENSBERG & SWARTZ
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
GATES, HALBRUNER & HATCH, P.C.
Albert N. Peterlin, Esquire
Attorney for Debtors
DATED: November 6, 2002
JACOB R. SHANK alk/a PETE SHANK,
an individual,
Plaintiff
V.
PATRICIA J- STERLING, an individual
C~nberl~nd County, Pennsylvania
Ho. o 1-_6.~_o ' 19 _
OATH
We do sole~ly svear (or _if_firm) that ye ~11 support, obey and defeud
the CousC%tution of the U~tted States and the Coust~t~ou of this Counon-
vealth and thac ye v~l! d~scharse the duties of our office v%l;h fidelity.
AWARD
We, the undersigned arbitrators, havens been duly appointed and sworn
(or ..~f~ned), make the follov~ng award: - - .... "'e
(Hote: If danmses for delay are avarne~t, t~ey unm~ ~
separately stated.)
· Arbitrator,
dissents.
(Insert name if
applicab le. ) E /
Date of Hearing: .~--O--~ ' '-----
~ ~~; 'Ar~ator
NOTI~ 0F ~RY 0F AWeD ~
~rd ~s en=ered upon =he dockeK and noKice Khe~eof ~lyen by ~il ~o =he
par=ies or =heir ac=o~eys. ~
ATbi=ra=ors~ compe~aKion =o be
paid upon appel:
$ R~. ~ Deputy