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HomeMy WebLinkAbout08-6882PUMr4WNVVr_AL I N Ur rennST LVAIvIP? COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL I FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 8' & F KO)- Olaf NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the udgment rendered by the District Justice on the date and in the case referenced below. -I\ -U 4 11 in it DER 0?3 1 i- n I s ?,oi ! 1>P W0?'nar r. I rmu I K; sfi I -? vS. was Caimi This block wil b gned NL wh this not tion is required under Pa. If appn_ R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a istrict Justice SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the Signature of Prothonotary or Deputy PLAINT MUST BE FILED within twenty of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. I NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothono?/?& tary Enter rule upon o? Name of appellee(s) (Common Pleas No. d CN' I ) within twenty (20) days after service of RULE: To LLEgpellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE El (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 1V6'Je ?eI'V 200 LE TO FILE 1001(7) in action before District Justice. IF to file a complaint in this appeal or suffer entry of judgment of non pros. of appelbat '9ffomey or agent twenty (20) days after the date of service AGAINST or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YE LOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD- COPY TO BE SERVED 0 DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPL 4L`AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER ding of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on , 20 C r.a = F, CIO cri _- X16 ,- , 'S7 41 40NWEALTH OF PENNSYLVANIA OF: CUM13ZRLAND .A. No.: 09-2-02 MDJ Name: Hon. JESSICA BRSWBAEER Address: 18 N BANOVER ST STE 106 CARLISLE, PA Telephone: (717) 240-6564 17013 JEN WERNZR 1 WEST PENN ST APT 411 CARLISLE, PA 17013 i NOTICE OF UDGMENTITRANSCRIPT dIVIL CASE PLAINTIFF: NAME and ADDRESS -WERNER, JEN 1 WEST PENN ST APT 411 CARLISLE, P 17013 L VS. DEFENDANT: NAME and ADDRESS rSISTLER, PA 1 WEST PENN ST APT 207 CARLISLE, P 17013 L Docket No.: CV- 11000257-08 Date Filed: 101"29/08 CROSS COMP INT 001 THIS IS TO NO*IFY YOU THAT: FOR D$1911INDANT (Date of J Judgment: ® Judgment was entered for: (Name) KISTLER, PA10L Judgment was entered against: (Names) WERNER, JIM in the amount of $ Amount f Judgment Defendants are jointly and severally liable. Judgme it Costs Damages will be assessed on Date & Time Interest on Judgment Attorney Fees F1 This case dismissed without prejudice. Total Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post j $ Post J Portion of Judgment for physical damages arising out of residential lease $ CertifI ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMEI OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL C MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NO EXCEPT AVOTHERWISE PROVIDED IN THE RULES OF CIVIL PROCODURE FOR MAGISTERI `. - 4UDGMENT HOLDER ELECTS TO ENTER THEfJUDGMEwr IN THE COURT OF-COMMON PLEAT COME FROM THE"COURT OF COMMON PLEAS AND NOIVURTHER PROCESS 'MAY BE ISSUED UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEF A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THI SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. t F' l Date I certify that this is a true and Date ;vtrt;L ?12'I?a. f copy of the record of the proceedings conl My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 11/19/08 1:49:00 PM 7 I I Credits Costs $ .00 $ ..05 00 &I "n $ .00 Judgment Total $ T BY FILING A NOTICE VISION. YOU ICE OF APPEAL. kL DISTRICT JUDGES, IF THE ALL. FURTHER PROCESS. MUST, BY THE MAGISTERIAL DISTRICT JUDGE ESTED IN THE JUDGMENT MAY FILE JUDGMENT DEBTOR PAYS IN FULL, fir lagisterial District Judge wining the judgment. f. Iagisterial District Judge SEAL 7 - .,` t rat G.^ < i COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT o-mnu wwr swn IVIL CASE Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA 13RBNRAKM Address: 18 N 8ANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 JIN NERNER 1 NEST PENN ST APT 411 CARLISLE, PA 17013 PLAINTIFF: ' NAME and ADDRESS rSIBTLER, P Q 1 NEST P ST APT 207 CARLISLE, A 17013 L VS. DEFENDANT: NAME and ADDRESS 1 NEST P ST APT 411 CARLISLE, A 17013 L Docket :CV--0000257-08 AA- Date Filed: /03/08 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF (Date of Judc Judgment: d for: (Name) t KISTLER, PADL ® ere Judgment was en ainst: (Name) entered a t d WERWER, J M ® g was gmen Ju in the amount of $ 979.00 AmOI. ? Defendants are jointly and severally liable. Judgr Intere ill be assessed on Date & Time Damages w Attorr This case dismissed without prejudice. Total Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post $ Post Portion of Judgment for physical damages arising out of Cert residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGM OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR ? EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLE, COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTI A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF T SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true and c r ct copy of the record of the proceedings Date My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 11119108 1:47:00 ent) 11/18/08 ; of Judgment $ 900.00 nt Costs $ 79.05 on Judgment $ .00 00 F Fees $ • $ 979.00 ment Credits $ ment Costs $ Judgment Total $ :NT BY FILING A NOTICE DIVISION. YOU DTICE OF APPEAL. IIAL DISTRICT JUDGES, IF THE S, ALL FURTHER PROCESS MUST D BY THE MAGISTERIAL DISTRICT JUDGE. RESTED IN THE JUDGMENT MAY FILE IE JUDGMENT DEBTOR PAYS IN FULL, Magisterial District Judge taining the judgment. Magisterial District Judge SEAL J J C r.? ? ? ., ? ? _?_ t_^ N ? ?; 3 . { , { . r ? ?. .' e ".. ? j .y _' ? i.? ?3. • ?? 'f ?+? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF.IPENNSYLV?NIA COUNTY OF ? tje?? rl ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas dq, 6 ? upon the District Justice designated therein on (date of service) 20 0 l? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) _ALtL z -z2 1 Vt 1 20oe ? by personal servio sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS f?2 DAY OF IV -/o Gr , 20 D . Signature of official before om afFdav /was made ?- /?/O?liocco744 t Title of official My commission expires on = IXLyn Al 2016 PROIRONOTARI, NOTARY MW MY t?MMt?8SION EXPIRES JANUARY4' E f?I Kfs f(er ,on 10 by (certified) (registered) mail, Signature of afflant ?v 0 r ? c,o ..t 6UMMUNWEALTH OF PENNS COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM I I DISTRICT JUSTICE JUDGMENT ` COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. n?nGNO r ENO jE& L rf`'`t? f ` ?, CITY STATE D (? ?b gay {De(Bn08rY)' r--- { DOCKET No. E O!r APPELLANT OR ATrORNGY OR A6EtdT This block wil be signed ONLY wh n this notation is required under Pa. If a ant was Claimant (see Pg ,P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SwWture of Prothonotary or Deputy PRAE*CIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon .q, # t appellee(s), to file a complaint in this appeal Name of appellee(.) (Common Pleas No. _. within twenty (20) days after service of rule or suffer entry of "meat of non pros. 8 l o .?• Skrrteture of nfor attorney oragmt ggg , , - ,4 ` RULE: To ' -- Name of appOee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by pe amai service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU..-, (3), The date of service of thisule if service was by mail is the date of the mailing. Date: QsM",tr?? 2010 Sfgnatttrd of Prothonotary or Deputy YOU.MUST INCLUDE A COPY OF THE NOTICE OF JUDGUENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW-APPELLANT'S COPY nra'r.r..? .+r. -• - PINK -COPY TO BE SERVED ON APPELLEE GOLD- COPY Tn RF cczvcn ncl DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 IN THE COURT OF COMMON PLEAS PAUL KISTLER CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER : Defendant NO: 08-6882, CIVIL TERM 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABWADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSES O SUS OBJECTIONS A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE Sl USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADAS O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA UN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 1060L 2 A6;r ?° ill DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 2 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 IN THE COURT OF COMMON PLEAS PAUL KISTLER CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. ; CIVIL ACTION - IN LAW JEN WERNER : Defendant NO: 08-6882, CIVIL TERM COMPLAINT AND NOW comes PAUL KISTLER, by and through his attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully represents as follows in support of this complaint: Parties 1. The Plaintiff, PAUL KISTLER, is an adult individual whose principal residence is I West Penn Street, apartment 207, Carlisle, Pennsylvania 17013. 2. The Defendant, JEN WERNER, is an adult individual whose principal residence is 1 West Penn Street, apartment 411, Carlisle, Pennsylvania 17013. Factual All tions 3. At Carlisle, Pennsylvania, Defendant asked Plaintiff for a loan of $500.00. 4. In return for the said loan of $500.00, Defendant promised to repay Plaintiff. 5. In reliance on Defendant's promise to repay the aforementioned loan of $500.00, Plaintiff agreed to loan Defendant $500.00. 6. At Carlisle, Pennsylvania, Plaintiff loaned Defendant $500.00 in reliance on and in exchange for Defendant's promise to repay Plaintiff the $500.00. 7. Defendant intentionally or recklessly and falsely promised Plaintiff she would repay Plaintiff the $500.00 she borrowed from Plaintiff. 8. Plaintiff would not have loaned Defendant the aforementioned $500.00, but for Defendant's promise to repay Plaintiff the $500.00. 9. Defendant intentionally or recklessly and falsely promised Plaintiff she would repay him the $500.00 she borrowed from Plaintiff, with the intent to mislead him so that he would give her the $500.00. 10. Plaintiffs reliance on Defendant's promise to repay the $500.00 she asked to borrow from Plaintiff was justifiable, since Plaintiff was well acquainted with Defendant and had no reason to believe she would misrepresent her intention concerning repayment of the $500.00 loan. 11. At all times relevant to this action, Defendant has refused and continues to refuse to repay Plaintiff the $500.00, as she promised to do. 12. As a direct and proximate result of Plaintiffs reliance on Defendant's false misrepresentation that she would repay Plaintiff the $500.00 he loaned her, Plaintiff suffered a loss of $500.00. 13. At Carlisle, Pennsylvania, Defendant asked Plaintiff for a loan of $600.00. 14. In return for the said loan of $600.00, Defendant promised to repay Plaintiff. 15. In reliance on Defendant's promise to repay the aforementioned loan of $600.00, Plaintiff agreed to loan Defendant $600.00. 16. At Carlisle, Pennsylvania, Plaintiff loaned Defendant $600.00 in reliance on and in exchange for Defendant's promise to repay Plaintiff the $600.00. 2 17. Defendant intentionally or recklessly and falsely promised Plaintiff she would repay Plaintiff the $600.00 she borrowed from Plaintiff. 18. Plaintiff would not have loaned Defendant the aforementioned $500.00, but for Defendant's promise to repay Plaintiff the $600.00. 19. Defendant intentionally or recklessly and falsely promised Plaintiff she would repay him the $600.00 she borrowed from Plaintiff, with the intent to mislead him so that he would give her the $600.00. 20. Plaintiff's reliance on Defendant's promise to repay the $600.00 she asked to borrow from Plaintiff was justifiable, since Plaintiff was well acquainted with Defendant and had no reason to believe she would misrepresent her intention concerning repayment of the $600.00 loan. 21. At all times relevant to this action, Defendant has refused and continues to refuse to repay Plaintiff the $600.00, as she promised to do. 22. As a direct and proximate result of Plaintiff s reliance on Defendant's false misrepresentation that she would repay Plaintiff the $600.00 he loaned to her, Plaintiff suffered an additional loss of $600.00. 23. At Carlisle, Pennsylvania, Defendant asked Plaintiff for a loan of $100.00. 24. In return for the said loan of $100.00, Defendant promised to repay Plaintiff. 25. In reliance on Defendant's promise to repay the aforementioned loan of $100.00, Plaintiff agreed to loan Defendant $100.00. 26. At Carlisle, Pennsylvania, Plaintiff loaned Defendant $100.00 in reliance on and exchange for Defendant's promise to repay Plaintiff the $100.00. 27. Defendant intentionally or recklessly and falsely promised Plaintiff she would repay Plaintiff the $100.00 she borrowed from Plaintiff. 28. Plaintiff would not have loaned Defendant the aforementioned $100.00, but for Defendant's promise to repay Plaintiff the $100.00. 29. Defendant intentionally or recklessly and falsely promised Plaintiff she would repay him the $100.00 she borrowed from Plaintiff, with the intent to mislead him, so that he would give her the $100.00. 30. Plaintiff's reliance on Defendant's promise to repay the $600.00 she asked to borrow from Plaintiff was justifiable, since Plaintiff was well acquainted with Defendant and had no reason to believe she would misrepresent her intention concerning repayment of the $100.00 loan. 31. At all times relevant to this action, Defendant has refused and continues to refuse to repay Plaintiff the $100.00, as she promised to do. 32. As a direct and proximate result of Plaintiff's reliance on Defendant's false misrepresentation that she would repay Plaintiff the $100.00 he transferred to her, Plaintiff suffered an additional loss of $100.00. Count I Breach of Contract 33. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 32, inclusive, as fully as though the same were set forth herein at length. 34. At Carlisle, Pennsylvania, Plaintiff and Defendant entered into an oral agreement by which Plaintiff agreed to loan Defendant $500.00 in return for Defendant's promise to repay Plaintiff $500.00. 4 35. By refusing to repay Plaintiff the $500.00 Defendant borrowed from Plaintiff, Defendant breached the express terms of the loan agreement. 36. By breaching the express terms of the loan agreement she made with Plaintiff, Defendant caused Plaintiff to suffer a loss of $500.00. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in an amount of $500.00 plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for the jurisdiction, in accordance with local rule. Count II Breach of Contract 37. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs I through 36, inclusive, as fully as though the same were set forth herein at length. 38. At Carlisle, Pennsylvania, Plaintiff and Defendant entered into an oral agreement by which Plaintiff agreed to loan Defendant $600.00 in return for Defendant's promise to repay Plaintiff $600.00. 39. By refusing to repay Plaintiff the $600.00 Defendant borrowed from Plaintiff, Defendant breached the express terms of the loan agreement. 40. By breaching the express terms of the loan agreement she made with Plaintiff, Defendant caused Plaintiff to suffer an additional loss of $600.00. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in an amount of $600.00 plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for the jurisdiction, in accordance with local rule. Count III Breach of Contract 41. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 40, inclusive, as fully as though the same were set forth herein at length. 42. At Carlisle, Pennsylvania, Plaintiff and Defendant entered into an oral agreement by which Plaintiff agreed to loan Defendant $100.00 in return for Defendant's promise to repay Plaintiff $100.00. 43. By refusing to repay Plaintiff the $100.00 Defendant borrowed from Plaintiff, Defendant breached the express terms of the loan agreement. 44. By breaching the express terms of the loan agreement she made with Plaintiff, Defendant caused Plaintiff to suffer an additional loss of $100.00. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant, in an amount of $100.00 plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for the jurisdiction, in accordance with local rule. Count IV Unjust Enrichment In the event it is determined that no oral or written agreement existed in fact or law between Plaintiff and Defendant as alleged in Counts I, II, and III, Plaintiff alleges as follows: 45. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 44, inclusive, as fully as though the same were set forth herein at length. 6 46. By refusing to repay Plaintiff the $1,200.00 Defendant borrowed from Plaintiff, Defendant improperly received a benefit of $1,200.00 plus accrued interest. 47. Defendant knew she would realize the aforesaid benefit when she refused to repay the aforementioned loans made to her by Plaintiff. 48. Defendant has refused and continues to repay to Plaintiff the $1,200.00 Defendant owes Plaintiff. 49. Acceptance and retention of the aforesaid benefit of $1,200.00, under the circumstances described in the foregoing paragraphs, would be inequitable unless Defendant pays Plaintiff the value of the benefit. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $1,200.00, plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for the jurisdiction, in accordance with local rule. Count V Common Law Fraud 50. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 49, inclusive, as fully as though the same were set forth herein at length. 51. Defendant misrepresented her intentions concerning repayment of the $500.00, $600.00, and $100.00 loans she took from Plaintiff, by intentionally or recklessly and falsely promising Plaintiff she would repay the three loans. 52. Plaintiff would not have loaned any money to Defendant, but for Defendant's promises to repay Plaintiff the $500.00, $600.00 and $100.00. 7 53. Defendant intentionally or recklessly and falsely promised Plaintiff she would repay him the $500.00, $600.00, and $100.00 she borrowed from him, with the intent to mislead him so that he would give her the $500.00, $600.00 and $100.00. 54. Plaintiff's reliance on Defendant's promise to repay the $500.00, $600.00 and $100.00 she asked to borrow from Plaintiff was justifiable, since Plaintiff was well acquainted with Defendant and had no reason to believe she would misrepresent her intentions concerning repayment of the loans. 55. At all times relevant to this action, Defendant has refused and continues to refuse to repay Plaintiff the $500.00, $600.00 and $100.00, as she promised to do. 56. As a direct and proximate result of Plaintiff's reliance on Defendant's intentionally false or reckless misrepresentations that she would repay Plaintiff the $500.00, $600.00 and $100.00 he transferred to her, Plaintiff suffered a loss of $1,200.00. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $1,200.00, plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for the jurisdiction, in accordance with local rule. Respectfully submitte ?,701-11 ??* 11 Dated: Uwu, My Ai a2 (z DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 8 VERIFICATION PAUL KISTLER, Plaintiff in this action, hereby states that the statements of fact made in the foregoing COMPLAINT are true and correct to the best of her personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. ffv? 69s) Date: ?aQ,«v a, kz? Pau Kistle r„t • "e . t .a 1 ?S ?m _ ..yam SHERIFF'S RETURN - REGULAR CASE NO: 2008-06882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KISTLER PAUL VS WERNER JEN VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WERNER JEN the DEFENDANT , at 1010:00 HOURS, on the 16th day of January , 2009 at 1 WEST PENN ST CARLISLE, PA 17013 JEN WERNER APT 411 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 Sworn and Subscibed to before me this So Answers: 18.00 4.50 .56 10.00 R. Thomas Kline .00 33.06 01/20/2009 DOUGLAS LOVELACE JR By: day Deputy Sh iff of A. D. ??;. ?? N s T ?` 1 .. -r ? ?r,. ;?""t, C' :-: [°i 1 =i :.'ui .. ?; 3 •., Alf 6L4 Y-7 d f ?N -` f N fV IL Tfl?q v?HI'(ST?R P?K?sf _•_ I J T I ?/ J r .,[a,?Ei.7ua 1/ i_ ao ? C? Gam- ? 4_?t?Kd n 4zz 117 l-/ ?. ,.? T s -._ r. .. ....-.... ?... t i ??? ,?' 's o ?. aa?? ? -o?c? •?P f-f z-o-?-2- ???rM vo n-r; r?u?a ¢e. ?I.. ? C s ? y c9 `- R,vr?-.. in?? ?? 1v ??? ???_ 6ao, oo G??-?,?? '/?- ?' 's ? oT°OI?/s i - --- --------- l w IN THE COURT OF COMMON PLEAS PAUL KISTLER : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER Defendant : NO: 08-6882, CIVIL TERM NOTICE TO PLEAD To: JEN WERNER 1 West Penn Street Apartment 411 Carlisle, Pennsylvania 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Dated: February 20, 2009 "I . r ar 4ug as C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS PAUL KISTLER : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER Defendant NO: 08-6882, CIVIL TERM PLAINTIFF'S PRELEWWARY OBJECTIONS TO DEFENDANT'S ANSWER AND NOW, comes Plaintiff, Paul Kistler, by and through his attorney, Douglas C. Lovelace, Jr., and hereby files these Preliminary Objections to Defendant's Answer, pursuant to Pa.R.C.P. 1028, averring as follows: FACTUAL AND PROCEDURAL BACKGROUND 1. The Plaintiff, PAUL KISTLER, is an adult individual whose principal residence is 1 West Penn Street, apartment 207, Carlisle, Pennsylvania 17013. 2. The Defendant, JEN WERNER, is an adult individual whose principal residence is 1 West Penn Street, apartment 411, Carlisle, Pennsylvania 17013. 3. Plaintiff avers that at Carlisle, Pennsylvania, Defendant asked Plaintiff for loans totaling $1,200.00. 4. Plaintiff avers that in return for the said loans totaling $1,200.00, Defendant promised to repay Plaintiff. 5. Plaintiff avers that in reliance on Defendant's promise to repay the aforementioned loans totaling $1,200.00, Plaintiff agreed to loan Defendant $1,200.00. 6. Plaintiff avers that at Carlisle, Pennsylvania, Plaintiff loaned Defendant $1,200.00 in reliance on and in exchange for Defendant's promise to repay Plaintiff the $1,200.00. 7. Plaintiff avers that Defendant intentionally or recklessly and falsely promised Plaintiff she would repay Plaintiff the $1,200.00 she borrowed from Plaintiff. 8. Plaintiff avers that he would not have loaned Defendant the aforementioned $1,200.00, but for Defendant's promise to repay Plaintiff the $1,200.00. 9. Plaintiff avers that Defendant intentionally or recklessly and falsely promised Plaintiff she would repay him the $1,200.00 she borrowed from Plaintiff, with the intent to mislead him so that he would give her the $1,200.00. 10. Plaintiff avers that his reliance on Defendant's promise to repay the $1,200.00 she asked to borrow from Plaintiff was justifiable, since Plaintiff was acquainted with Defendant and had no reason to believe she would misrepresent her intention concerning repayment of the loans totaling $1,200.00. 11. Plaintiff avers that at all times relevant to this action, Defendant has refused and continues to refuse to repay Plaintiff the $1,200.00, as she promised to do. 12. Plaintiff avers that as a direct and proximate result of his reliance on Defendant's false representation that she would repay Plaintiff the $1,200.00 he loaned her, Plaintiff suffered a loss of $1,200.00. 13. Defendant denies all of Plaintiff's averments. 14. On September 3, 2008, Plaintiff filed a civil complaint against Defendant in Magisterial District Court 09-2-02, alleging as stated in paragraphs 3 through 12, herein and claimed damages of $1,200.00. 15. On October 29, 2008, Defendant filed a cross complaint against Plaintiff in Magisterial District Court 09-2-02, alleging she was harassed by Plaintiff and claimed damages of $8,000.00. 16. On November 11, 2008, Magisterial District Court 09-2-02 Judge Brewbaker heard the case, entered judgment for the Plaintiff in the amount of $979.00 for the Complaint, and 2 entered judgment for the cross complaint defendant (Plaintiff in this action), for the cross complaint. 17. On November 21, 2008, Defendant appealed the district court judgment by filing a Notice of Appeal from District Justice Judgment, in the Cumberland County Court of Common Pleas, docket number 08-6882, Civil Term, and the Cumberland County Prothonotary issued Plaintiff a rule to file a Complaint. 18. On January 5, 2009, Plaintiff filed his Complaint with the Cumberland County Court of Common Pleas. 19. On January 16, 2009, the Sheriff of Cumberland County served the aforementioned Complaint on Defendant. 20. On February 5, 2009, Defendant filed with the Prothonotary of Cumberland County a document apparently intended to be Defendant's Answer to Plaintiff's Complaint. PRELMMARY OBJECTIONS MOTION TO STRIKE DEFENDANT'S ANSWER FOR LEGAL INSUFFICIENCY (DEMURER) PURSUANT TO Pa.R.C.P.1028(a(4) 21. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 22. Defendant's Answer fails to set forth a prayer for relief. 23. Defendant's Answer fails to aver facts sufficient to support a conclusion that relief should be granted. 24. To the extent that the Court may rule that Defendant's Answer contains a prayer for relief, Plaintiff respectfully submits that said prayer should be dismissed by striking Defendant's Answer. 25. Defendant's Answer contains myriad conclusory accusations against Defendant, none of which are supported in fact or state a legal defense. 26. Defendant's Answer does not present an ascertainable basis for a defense, vacillates randomly and incoherently among several themes, and, in doing so, fails to establish a defense. 27. An examination of Defendant's Answer in the light most favorable to Defendant, as the non-moving party, reveals that Defendant fails to provide anything other than conclusory allegations and claims, none of which are effectively supported by any well pled facts or allegation of any violation of law. Accordingly, Defendant respectfully submits that Defendant's Answer should be stricken. WHEREFORE, Defendant respectfiilly requests that this Honorable Court strike Defendant's Answer due to legal insufficiency pursuant to Pa.R.C.P. 1028(a)(4). MOTION TO STRIKE DEFENDANT'S ANSWER FOR INSUFFICIENT SPECIFICITY PURSUANT TO PaKC.P.1028 (a)(3) 28. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 29. Defendant's Answer fails to present any instance of a concise defense made through well pleaded facts that would allow Plaintiff or this Honorable Court to adduce the nature of the defense Defendant pleads, or to convince this Honorable Court that the averments are not merely subterfuge, and as such, Plaintiff respectfiilly submits that Defendant's Answer should be stricken. WHEREFORE, Plaintiff respectfully requests that this Honorable Court strike Defendant's Answer due to insufficient specificity pursuant to Pa.R.C.P. 1028 (a)(3). MOTION TO STRIKE DEFENDANT'S ANSWER FOR FAILURE TO CONFORM TO 4 LAW OR RULE OF COURT PURSUANT TO Pa.R.C.P.1028(a)(2) 30. The averments of the proceeding paragraphs are incorporated by reference as if fully set forth herein. 31. Defendant's Answer fails to conform to law or rule of court and Plaintiff respectfully submits that it should be stricken. 32. Defendant's Answer fails to begin with a notice to plead, as required by Pa.R.C.P. 1026. 33. Defendant failed to serve an Answer upon Plaintiff in the manner prescribed by Pa.R.C.P. 440. WHEREFORE, Plaintiff respectfully requests that this Honorable Court strike Defendant's Answer for failure to conform to law or rule of court pursuant to Pa.R.C.P. 1028(a)(2). MOTION TO STRIKE DEFENDANT'S ANSWER FOR INCLUSION OF SCANDALOUS OR IWERTINENT MATTER PURSUANT TO PA.R.C.P.1028(a)(2) 34. The averments of the proceeding paragraphs are incorporated by reference as if fully set forth herein. 35. Defendant's Answer is replete with scandalous and impertinent conclusory accusations which include accusing Plaintiff of being a shyster, of sexual harassment, of distortion and perjury, of making threats, of forcing Defendant to write Plaintiff a love note, of stalking Defendant, of having alcohol and gambling addictions, of being a criminal, of being an evil demon, and of being a lunatic. WHEREFORE, Plaintiff respectfully requests this Honorable Court strike Defendant's Answer for inclusion of scandalous and impertinent matter pursuant to Pa.R.C.P. 1028(a)(2). Date: February 20, 2009 e. Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff 6 IN THE COURT OF COMMON PLEAS PAUL KISTLER CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER Defendant NO: 08-6882, CIVIL TERM CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Plaintiff Paul Kistler, hereby certify that on February 20, 2009, I served a true and correct copy of the foregoing Plaintiff's Preliminary Objections to Defendant's Answer upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: JEN WERNER 1 West Penn Street Apartment 411 Carlisle, Pennsylvania 17013 tt;aY. Z! ?/ I/ - Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff CZ) ?? /,0 -> 9 0 V 1, C TA I ? , j3g5 -lg6G ??? UArL- nJo- cg - G 8S v c'tw Lz- ( 1 nlo? 88 a e4 a4d 6 PCL,Vl /I, q ,7F all & D / No= 03 -688 oot fA2 #3oAoWVwc-i (jt VYI- 069 VA ?a i No o8-G?Ba P6 1, C2 oo. 00 ?)o "D O- b00 r} vi, ?c kL?lt&j 7L vj? Na.u? - C-r,.,gR0)., T 9-e-? 111041 Ill oll yke?to,,,Cti ? 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Y L r a ? c Tv??- 3 of / c-'vI U?Cl/l CTA 1 t ft A AAA??l tj nA ,uo=o8-???a ?7 Pv-%.ol #A4' w?,Pp???Mttt? OCI A/tA oL-4 a' 14 Ct"T a„.d A)b ot? ?d &11,41crY 1 ? L 9 A?-- 0 - ? ??- ?- 7,?? ?, ?? ? ,? ' r== - -? -? ? ? :=-?. ?? , - ??, . } 1 ... .. _...r '' . ?+? " F IN THE COURT OF COMMON PLEAS PAUL KISTLER CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER Defendant : NO: 08-6882, CIVIL TERM NOTICE TO PLEAD To: JEN WERNER 1 West Penn Street Apartment 411 Carlisle, Pennsylvania 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 Dated:, 2009 Aare., 4*?f ' Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS PAUL KISTLER CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. JEN WERNER CIVIL ACTION - IN LAW Defendant : NO: 08-6882, CIVIL TERM PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S APPARENT AMENDED ANSWER AND NOW, comes Plaintiff, Paul Kistler, by and through his attorney, Douglas C. Lovelace, Jr., and hereby files these Preliminary Objections to Defendant's apparent amended Answer, pursuant to Pa.R.C.P. 1028, averring as follows: FACTUAL AND PROCEDURAL BACKGROUND 1. The Plaintiff, PAUL KISTLER, is an adult individual whose principal residence is 1 West Penn Street, apartment 207, Carlisle, Pennsylvania 17013. 2. The Defendant, JEN WERNER, is an adult individual whose principal residence is 1 West Penn Street, apartment 411, Carlisle, Pennsylvania 17013. 3. Plaintiff avers that at Carlisle, Pennsylvania, Defendant asked Plaintiff for loans totaling $1,200.00. 4. Plaintiff avers that in return for the said loans totaling $1,200.00, Defendant promised to repay Plaintiff. 5. Plaintiff avers that in reliance on Defendant's promise to repay the aforementioned loans totaling $1,200.00, Plaintiff agreed to loan Defendant $1,200.00. 6. Plaintiff avers that at Carlisle, Pennsylvania, Plaintiff loaned Defendant $1,200.00 in reliance on and in exchange for Defendant's promise to repay Plaintiff the $1,200.00. 7. Plaintiff avers that Defendant intentionally or recklessly and falsely promised Plaintiff she would repay Plaintiff the $1,200.00 she borrowed from Plaintiff. 8. Plaintiff avers that he would not have loaned Defendant the aforementioned $1,200.00, but for Defendant's promise to repay Plaintiff the $1,200.00. 9. Plaintiff avers that Defendant intentionally or recklessly and falsely promised Plaintiff she would repay him the $1,200.00 she borrowed from Plaintiff, with the intent to mislead him so that he would give her the $1,200.00. 10. Plaintiff avers that his reliance on Defendant's promise to repay the $1,200.00 she asked to borrow from Plaintiff was justifiable, since Plaintiff was acquainted with Defendant and had no reason to believe she would misrepresent her intention to repay the said loans totaling $1,200.00. 11. Plaintiff avers that at all times relevant to this action, Defendant has refused and continues to refuse to repay Plaintiff the $1,200.00, as she promised to do. 12. Plaintiff avers that as a direct and proximate result of his reliance on Defendant's false representation that she would repay Plaintiff the $1,200.00 he loaned her, Plaintiff suffered a loss of $1,200.00. 13. Defendant denies owing Plaintiff the amount Plaintiff claims and reiteratively alleges that Plaintiff is s "shyster" and "scandlemonger ". 14. On September 3, 2008, Plaintiff filed a civil complaint against Defendant in Magisterial District Court 09-2-02, alleging as stated in paragraphs 3 through 12, herein and claimed damages of $1,200.00. 2 15. On October 29, 2008, Defendant filed a cross complaint against Plaintiff in Magisterial District Court 09-2-02, alleging she was harassed by Plaintiff and claimed damages of $8,000.00. 16. On November 11, 2008, Magisterial District Court 09-2-02 Judge Brewbaker heard the case, entered judgment for the Plaintiff in the amount of $979.00 for the Complaint, and entered judgment for the Defendant (Plaintiff in this action), for the Cross Complaint. 17. On November 21, 2008, Defendant appealed the District Court judgment by filing a Notice of Appeal from District Justice Judgment, in the Cumberland County Court of Common Pleas, docket number 08-6882, Civil Term, and the Cumberland County Prothonotary issued Plaintiff a rule to file a Complaint. 18. On January 5, 2009, Plaintiff filed his Complaint with the Cumberland County Court of Common Pleas. 19. On January 16, 2009, the Sheriff of Cumberland County served the aforementioned Complaint on Defendant. 20. On February 5, 2009, Defendant filed with the Prothonotary of Cumberland County a document apparently intended to be Defendant's Answer to Plaintiff's Complaint. 21. On February 20, 2009, Plaintiff filed and served upon Defendant preliminary objections containing a request that Defendant's Answer be stricken. 22. On February 26, 2009, Defendant filed with the Prothonotary of Cumberland County a document apparently intended to be Defendant's amended Answer to Plaintiff's Complaint. The said document was not accompanied by a certificate of service or verification, as required by the Pennsylvania Rules of Civil Procedure. 23. Defendant did not serve the aforementioned apparent amended Answer on the 3 Plaintiff. 24. On or about March 7, 2009, Plaintiff's undersigned attorney received a document mailed by Defendant. Said document is substantially different from the document Defendant filed with the Cumberland County Prothonotary on February 26, 2009, as her apparent amended Answer to Plaintiff's Complaint. PRELIMINARY OBJECTIONS MOTION TO STRIKE DEFENDANT'S ANSWER FOR LEGAL INSUFFICIENCY PURSUANT TO Pa.R.C.P. 1028(a)(4) 25. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein at length. 26. Defendant's apparent amended Answer neither admits nor denies the factual averments Plaintiff sets forth in his Complaint. 27. Defendant's apparent amended Answer fails to set forth a defense or a prayer for relief. 28. Defendant's apparent amended Answer fails to aver facts sufficient to support a defense or a conclusion that relief should be granted. 29. To the extent that the Court may rule that Defendant's apparent amended Answer contains a cognizable defense and prayer for relief, Plaintiff respectfully submits that said prayer should be dismissed by striking Defendant's apparent amended Answer. 30. Defendant's apparent amended Answer contains myriad conclusory accusations against Defendant, many of which are not relevant to Plaintiff's Complaint and none of which are supported in fact or state a cognizable legal defense. 4 31. Defendant's apparent amended Answer does not present any ascertainable basis for a defense, vacillates randomly and incoherently among several themes, and, in doing so, fails to establish a defense. 32. An examination of Defendant's apparent amended Answer in the light most favorable to Defendant, as the non-moving party, reveals that Defendant fails to provide anything other than conclusory allegations and claims, none of which are effectively supported by any well pled facts or allegation of any violation of law that would support a defense. Accordingly, Plaintiff respectfully submits that Defendant's apparent amended Answer should be stricken and all averments in Plaintiff s Complaint be ruled admitted by Defendant. WHEREFORE, Defendant respectfully requests that this Honorable Court strike Defendant's apparent amended Answer due to legal insufficiency pursuant to Pa.R.C.P. 1028(a)(4), rule all averments in Plaintiff's Complaint to be admitted by Defendant pursuant to Pa.R.C.P. 1029(a) and (b), and enter judgment for Plaintiff in the amount of $1,200.00, plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for this jurisdiction, per local rule. MOTION TO STRIKE DEFENDANT'S ANSWER FOR INSUFFICIENT SPECIFICITY PURSUANT TO Pa R C P 1028 (a)(3) 33. The averments of the preceding paragraphs are incorporated by reference as if fully set forth herein. 34. Defendant's apparent amended Answer fails to present any instance of a concise defense made through well pleaded facts that would allow Plaintiff or this Honorable Court to adduce the nature of the defense Defendant pleads, or to convince this Honorable Court that the 5 averments are not merely subterfuge, and as such, Plaintiff respectfully submits that Defendant's apparent amended Answer should be stricken and all averments in Plaintiff's Complaint be ruled admitted by Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court strike Defendant's Answer due to insufficient specificity pursuant to Pa.R.C.P. 1028 (a)(3), rule all averments in Plaintiff's Complaint to be admitted by Defendant, and enter judgment for Plaintiff in the amount of $1,200.00, plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for this jurisdiction, per local rule. MOTION TO STRIKE DEFENDANT'S ANSWER FOR FAILURE TO CONFORM TO LAW OR RULE OF COURT PURSUANT TO Pa R C P 1028(a)(2) 35. The averments of the proceeding paragraphs are incorporated by reference as if fully set forth herein, at length. 36. Defendant's apparent amended Answer fails to conform to law or rule of court and Plaintiff respectfully submits that it should be stricken and all averments in Plaintiff's Complaint be ruled admitted by Defendant. 37. Defendant's apparent amended Answer fails to begin with a notice to plead, as required by Pa.R.C.P. 1026. 38. Defendant failed to serve her apparent amended Answer upon Plaintiff in the manner prescribed by Pa.R.C.P. 440. WHEREFORE, Plaintiff respectfully requests that this Honorable Court strike Defendant's Answer for failure to conform to law or rule of court pursuant to Pa.R.C.P. 1028(a)(2) ), rule all averments in Plaintiff's Complaint to be admitted by Defendant, and enter 6 judgment for Plaintiff in the amount of $1,200.00, plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for this jurisdiction, per local rule. MOTION TO STRIKE DEFENDANT'S ANSWER FOR INCLUSION OF SCANDALOUS OR IMPERTINENT MATTER PURSUANT TO PA.R.C.P.1028(a)(2) 39. The averments of the proceeding paragraphs are incorporated by reference as if fully set forth herein, at length. 40. Every averment in Defendant's apparent amended Answer contains scandalous and impertinent conclusory accusations which include accusing Plaintiff of being a shyster, of sexual harassment, of distortion and perjury, of making threats, of forcing Defendant to write Plaintiff a love note, of stalking Defendant, of having alcohol and gambling addictions, of being a criminal, of being evil, and of being a lunatic. 41. To repeatedly use such strong accusatory language in a pleading that contains not one cognizable defense established by any well pleaded facts is the very epitome of obdurate and vexatious conduct and warrants striking Defendant's apparent amended Answer and ruling all averments in Plaintiff s Complaint to be admitted by Defendant. )WHEREFORE, Plaintiff respectfully requests this Honorable Court strike Defendant's Answer for inclusion of scandalous and impertinent matter pursuant to Pa.R.C.P. 1028(a)(2), rule all averments in Plaintiff's Complaint to be admitted by Defendant, and enter judgment for Plaintiff in the amount of $1,200.00, plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for this jurisdiction, per local rule. 7 Date: May 1, 2009 GaCor (r 4W r Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff 8 : IN THE COURT OF COMMON PLEAS PAUL KISTLER : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER Defendant : NO: 08-6882, CIVIL TERM CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Plaintiff Paul Kistler, hereby certify that on =. 4, 2009, I served a true and correct copy of the foregoing Plaintiffs Preliminary Objections to Defendant's amended Answer upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: JEN WERNER 1 West Penn Street Apartment 411 Carlisle, Pennsylvania 17013 r #0 44? K4?? Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff ELF THE PR7 ! v 1'41'.)TAPY 2009 MAY - I All 9.4 9 STACY B. WOLF, ESQ. SUPREME COURT ID NO. 89732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-2414436 ATTORNEY FOR DEFENDANT PAUL KISTLER, Plaintiff v. JEN WERNER, Defendant To: Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- IN LAW : NO: 2008-6882 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, WOLF & WOLF May -1?, 2009 STACY B. #6LF, ESQUI STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-2414436 ATTORNEY FOR DEFENDANT PAUL KISTLER, Plaintiff V. JEN WERNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- IN LAW NO: 2008-6882 AMENDED ANSWER TO PLAINTIFF'S COMPLAINT WITH COUNTERCLAIM AND NOW comes Defendant, Jen Werner, by and through her attorney, Stacy B. Wolf, Esquire, and files this Amended Answer to Plaintiffs Complaint with Counterclaim, representing as follows: 1. Admitted. 2. Admitted. 3. Denied. To the contrary, Plaintiff gave a gift of $500.00 and a vacuum to Defendant. Despite Plaintiff stating that this was a gift, Defendant did repay the $500.00 to Plaintiff and returned the vacuum in March, 2008. 4. Denied. To the contrary, the $500.00 given by Plaintiff to Defendant was a gift, not a loan and Defendant never promised to repay Plaintiff. 5. Denied. To the contrary, Defendant never promised to repay Plaintiff for the $500.00 gift. 6. Denied. To the contrary, Plaintiff gave Defendant $500.00 as a gift and Defendant never promised to repay Plaintiff for the $500.00 gift. 7. Denied. To the contrary, Defendant never promised to repay Plaintiff for the $500.00 gift. 8. Denied. To the contrary, Plaintiff did not loan Defendant $500.00 and Plaintiff never promised to repay Plaintiff for the $500.00 gift. 9. Denied. To the contrary, Defendant never promised to repay Plaintiff for the $500.00 gift and in no way misled him so he would give her the $500.00 gift. 10. Denied. To the contrary, Defendant never promised to repay Plaintiff for the $500.00 gift. 11. Denied. To the contrary, despite Plaintiff stating that the $500.00 was a gift, Defendant did repay the $500.00 to Plaintiff in March, 2008. 12. Denied. The averments of paragraph twelve of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 13. Denied. To the contrary, Plaintiff asked Defendant for a loan of $600.00 from Defendant's winnings made at the Eagles Club on August 14, 2008. 14. Denied. To the contrary, in return for Defendant's loan to Plaintiff, Plaintiff promised to repay Defendant. 15. Denied. To the contrary, in reliance on Plaintiff's promise to repay the $600.00 loan to Defendant, Defendant agreed to loan Plaintiff $600.00. 16. Denied. To the contrary, Defendant loaned Plaintiff $600.00 in reliance on and in exchange for Plaintiff's promise to repay Defendant the $600.00. 17. Denied. The averments of paragraph seventeen of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 18. Denied. To the contrary, Defendant would not have loaned Plaintiff the aforementioned $600.00, but for Plaintiff's promise to repay Defendant the $600.00. 19. Denied. The averments of paragraph nineteen of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 20. Denied. To the contrary, Defendant did not borrow $600.00 from Plaintiff. 21. Denied. To the contrary, Plaintiff has refused and continues to refuse to repay Defendant the $600.00, as he promised to do. 22. Denied. The averments of paragraph twenty-two of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 23. Denied. To the contrary, Plaintiff asked Defendant for a loan of $100.00 to buy food on or about May 31, 2008. 24. Denied. To the contrary, in return for the loan, Plaintiff promised to repay Defendant. 25. Denied. To the contrary, in reliance on Plaintiff's promise to repay the loan of $100.00, Defendant agreed to loan Plaintiff $100.00. 26. Denied. To the contrary, Defendant loaned Plaintiff $100.00 in reliance on and in exchange for Plaintiff's promise to repay Defendant the $100.00. 27. Denied. To the contrary, Defendant did not borrow $100.00 from Plaintiff. Instead, Plaintiff borrowed $100.00 to buy food from Defendant and did repay Defendant by writing a check to her in August of 2008. 28. Denied. To the contrary, Plaintiff did not loan Defendant $100.00. 29. Denied. To the contrary, Plaintiff did not loan Defendant $100.00. 30. Denied. To the contrary, Plaintiff did not loan Defendant $100.00. 31. Denied. To the contrary, Plaintiff did not loan Defendant $100.00. 32. Denied. The averments of paragraph thirty-two of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 33. No response necessary. 34. Denied. The averments of paragraph thirty-four of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 35. Denied. The averments of paragraph thirty-five of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 36. Denied. The averments of paragraph thirty-six of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, with prejudice, and that judgment be entered for Defendant and against Plaintiff along with any additional relief the Court deems just. 37. No response is necessary. 38. Denied. The averments of paragraph thirty-eight of Plaintiffs complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 39. Denied. The averments of paragraph thirty-nine of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 40. Denied. The averments of paragraph forty of Plaintiffs complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiffs Complaint, with prejudice, and that judgment be entered for Defendant and against Plaintiff along with any additional relief the Court deems just. 41. No response is necessary. 42. Denied. The averments of paragraph forty-two of Plaintiffs complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 43. Denied. The averments of paragraph forty-three of Plaintiffs complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 44. Denied. The averments of paragraph forty-four of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, with prejudice, and that judgment be entered for Defendant and against Plaintiff along with any additional relief the Court deems just. 45. No response is necessary. 46. Denied. The averments of paragraph forty-six of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 47. Denied. The averments of paragraph forty-seven of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 48. Denied. Plaintiff never loaned $1,200.00 to Defendant. By way of further response, the only amount ever given by Plaintiff to Defendant was a $500.00 gift which, despite the fact that it was a gift, was repaid by Defendant in March, 2008. 49. Denied. The averments of paragraph forty-nine of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, with prejudice, and that judgment be entered for Defendant and against Plaintiff along with any additional relief the Court deems just. 50. No response is necessary. 51. Denied. The averments of paragraph fifty-one of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 52. Denied. To the contrary, Plaintiff did not loan Defendant $500.00, $600.00, or $100.00. 53. Denied. The averments of paragraph fifty-three of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 54. Denied. The averments of paragraph fifty-four of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. 55. Denied. It is specifically denied Plaintiff loaned Defendant $500.00, $600.00, or $100.00. 56. Denied. The averments of paragraph fifty-six of Plaintiff's complaint constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, these averments are denied and strict proof thereof is demanded. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, with prejudice, and that judgment be entered for Defendant and against Plaintiff along with any additional relief the Court deems just. COUNTERCLAIM 57. Plaintiff asked Defendant for a loan of $600.00 from Defendant's winnings made at the Eagles Club on August 14, 2008. 58. In return for Defendant's $600.00 loan to Plaintiff, Plaintiff promised to repay Defendant. 59. In reliance on Plaintiff's promise to repay the $600.00 loan to Defendant, Defendant agreed to loan Plaintiff $600.00. 60. Plaintiff has not repaid the $600.00 to Defendant in accordance with his oral agreement. 61. Defendant is entitled to the monies due for the loan, in accordance with the oral agreement between the parties. COUNT I - BREACH OF CONTRACT 62. Defendant incorporates by reference paragraphs 57 through 61 as if set forth in full herein. 63. Defendant loaned $600.00 to Plaintiff. 64. The $600.00 loan was made at the request of Plaintiff. 65. Plaintiff expressly agreed to repay Defendant for the $600.00 loan. 66. Plaintiff's failure to repay the $600.00 to Defendant constitutes a breach of the parties' agreement. 67. Plaintiff's breach of his oral agreement to repay Defendant for Defendant's loan of money to Plaintiff has caused the damages suffered by Defendant. WHEREFORE, Defendant, Jen Werner, prays that this Honorable Court enter judgment for the Defendant and against Plaintiff, Paul Kistler, on Defendant's Counterclaim in the amount of $600.00, together with interest and costs of this action and any additional relief the Court deems appropriate and just, or that in the event that Plaintiff has judgment against the defendant on Plaintiffs cause of action, that Plaintiff's judgment be set off to the extent that Plaintiffs judgment exceeds Defendant's recovery on her claim. COUNT II - UNJUST ENRICHMENT 68. Defendant incorporates by reference paragraphs 57 through 67 as if set forth in full herein. 69. Defendant's loan of $600.00 to Plaintiff was made for the Plaintiffs sole benefit. 70. Plaintiff promised to repay Defendant. 71. Plaintiffs refusal to repay Defendant has resulted in his unjust enrichment to the detriment of Defendant. WHEREFORE, Defendant, Jen Werner, prays that this Honorable Court enter judgment for the Defendant and against Plaintiff, Paul Kistler, on Defendant's Counterclaim in the amount of $600.00, together with interest and costs of this action and any additional relief the Court deems appropriate and just, or that in the event that Plaintiff has judgment against the defendant on Plaintiffs cause of action, that Plaintiffs judgment be set off to the extent that Plaintiffs judgment exceeds Defendant's recovery on her claim. Respectfully submitted, WOLF & WOLF May N. 2009 BY: STACY WOLF, ESQId/RE Supreme ourt ID No. 88732 10 West High Street Carlisle, PA 17013 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, hereby verify that I am the defendant in the above-referenced action and that the facts stated in the above amended answer with counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 2009 Jen Werner STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-2414436 ATTORNEY FOR DEFENDANT PAUL KISTLER, Plaintiff V. JEN WERNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- IN LAW : NO: 2008-6882 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have mailed a true and correct copy of Defendant's Amended Answer to Plaintiff's Complaint with Counterclaim, via U. S. Mail, postage prepaid, to the following: Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 Date: May 4 2009 , z 4?' ?- - 2?' ? Stacy B. Wo Esquire Attorney for Defendant OF TI-1E 2 .10 Ay 18 F i : 5 9 IN THE COURT OF COMMON PLEAS PAUL KISTLER : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER Defendant : NO: 08-6882, CIVIL TERM NOTICE TO PLEAD To: DEFENDANT YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Dated: June 2, 2009 ie&l - Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS PAUL KISTLER CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER Defendant : NO: 08-6882, CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANTS' COUNTERCLAIM AND NEW MATTER AND NOW, June 2, 2009, comes Plaintiff, Paul Kistler, by and through his attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully replies to Defendant's Counterclaim and provides new matter, as follows: REPLY TO COUNTERCLAIM 57. Denied. Plaintiff specifically denies ever asking Defendant for a loan of $600.00, under any circumstances. Plaintiff further avers that Defendant's absurd claim that Plaintiff asked her to borrow money is yet another manifestation in the pattern of vexatious, dilatory, and obdurate conduct Defendant has established in the course of this litigation. 58. Denied. Plaintiff specifically denies ever promising to repay Defendant $600.00, under any circumstances. Plaintiff further avers that Defendant's absurd claim that Plaintiff promised to repay her $600.00 is yet another manifestation in the pattern of vexatious, dilatory, and obdurate conduct Defendant has established in the course of this litigation. 59. Denied. Plaintiff specifically denies ever borrowing $600.00 from Defendant, under any circumstances. Plaintiff further avers that Defendant's absurd claim that Plaintiff borrowed $600.00 from her, promised to repay her, and Defendant relied on that alleged promise in loaning Plaintiff $600.00 is yet another manifestation in the pattern of vexatious, dilatory, and obdurate conduct Defendant has established in the course of this litigation. 60. Denied as stated. Plaintiff specifically denies ever agreeing to repay Defendant $600.00. Plaintiff further avers that Defendant's absurd claim that Plaintiff borrowed $600.00 from her, promised to repay her, Defendant relied on that alleged promise in loaning Plaintiff $600.00, and Plaintiff failed to repay the allegedly agreed upon $600.00 is yet another manifestation in the pattern of vexatious, dilatory, and obdurate conduct Defendant has established in the course of this litigation. 61. Denied. The averment of paragraph 61 of Defendant's Counterclaim sets forth an incorrect conclusion of law to which no ftu ther response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent the averment in paragraph 61 of Defendant's Counterclaim is found not to be a conclusion of law, Plaintiff denies the same and in support thereof incorporates herein the averments contained in paragraphs 57 through 60, inclusive, of Plaintiff's Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. COUNT I-BREACH OF CONTRACT 62. Plaintiff incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiffs Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. 63. Denied. Plaintiff incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiff s Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. 64. Denied. Plaintiff incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiffs Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. 2 65. Denied. Plaintiff incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiff's Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. 66. The averment of paragraph 66 of Defendant's Counterclaim sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent the averment in paragraph 66 of Defendant's Counterclaim is found not to be a conclusion of law, Plaintiff denies the same and in support thereof incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiff's Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. 67. The averment of paragraph 67 of Defendant's Counterclaim sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent the averment in paragraph 67 of Defendant's Counterclaim is found not to be a conclusion of law, Plaintiff denies the same and in support thereof incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiff s Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $1,200.00, plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for the jurisdiction, in accordance with local rule. COUNT H-UNJUST ENRICHMENT 68. Plaintiff incorporates herein the averments contained in paragraphs 57 through 67, inclusive, of Plaintiff's Reply to Defendant's Counterclaim, as fully as though the same were set forth herein at length. 69. Denied. Plaintiff incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiff s Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. 70. Denied. Plaintiff incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiff's Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. 71. The averment of paragraph 71 of Defendant's Counterclaim sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent the averment in paragraph 71 of Defendant's Counterclaim is found not to be a conclusion of law, Plaintiff denies the same and in support thereof incorporates herein the averments contained in paragraphs 57 through 61, inclusive, of Plaintiff s Reply to Defendant's Counterclaim and New Matter, as fully as though the same were set forth herein at length. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $1,200.00, plus accrued interest at the legal rate, costs of suit, reasonable attorney fees, and other relief as the Court deems just and proper, an amount that does not exceed the ceiling for compulsory arbitration for the jurisdiction, in accordance with local rule. 4 NEW MATTER 72. At the District Court trial of this matter, Defendant testified under oath that Plaintiff loaned her the $500.00 Defendant now avers in her Answer and Amended Answer to Plaintiffs Complaint with Counterclaim that Plaintiff did not loan her. 73 Defendant cashed the check for $100.00 written to her by Plaintiff, with said check annotated as a "loan." Respectfully submitted, t k:e f y (.;.t W DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Dated: June 2, 2009 5 VERIFICATION PAUL KISTLER, Plaintiff in this action, hereby states that the statements of fact made in the foregoing PLAINTIFF'S REPLY TO DEFENDANTS' COUNTERCLAIM AND NEW MATTER are true and correct to the best of his personal knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: June 2, 2006 , &,z Paul Kistler IN THE COURT OF COMMON PLEAS PAUL KISTLER : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW JEN WERNER Defendant NO: 08-6882, CIVIL TERM CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Plaintiff Paul Kistler, hereby certify that on June 2, 2009, I served a true and correct copy of the foregoing Plaintiffs Reply to Defendant's Counterclaim and New Matter, upon the below named individual, by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Stacy B. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, Pennsylvania 17013 Attorney for Defendant Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff FILED OF IP E " , y 2 0 3 9 JJ I --2 Al--i 4C• 2? 13 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT PAUL KISTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - IN LAW JEN WERNER, Defendant : NO. 2008-6882 DEFENDANT'S REPLY TO PLAINTIFF'S NEW MATTER NOW comes the defendant, Jen Werner, and files this reply to the plaintiff's new matter, representing as follows: 72. Denied. Defendant never testified that Plaintiff loaned her $500.00. To the contrary, Defendant testified Plaintiff gave a gift of $500.00 and a vacuum to her. Despite Plaintiff stating that this was a gift, Defendant did repay the $500.00 to Plaintiff and returned the vacuum in March, 2008. 73. Admitted. By way of further response, Defendant cashed the check for $100.00 written to her by Plaintiff, with said check being a repayment of the loan Defendant made to Plaintiff. Prior to Defendant's cashing of Plaintiff's check, Plaintiff cashed the check for $100.00 written to him by Defendant, with said check annotated as a loan. WHEREFORE, Defendant demands that Plaintiff's new matter be dismissed and that judgment be entered in favor of Defendant and against Plaintiff as set forth in Defendant's Amended Answer to Plaintiff's Complaint with Counterclaim. Respectfully submitted, WOLF & WOLF July j-, 2009 BY. 4A ?- i STACY B. WOLF, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID. # 88732 Attorney for Defendant VERIFICATION I, the undersigned, hereby verify that I am the defendant in this action and that the facts stated in the above Defendant's Reply to Plaintiffs New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. July "k 2009 JE RNER --4t= D? CERTIFICATE OF SERVICE I, the undersigned counsel for the defendant, do hereby certify that I have this date served a copy of this Reply to New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 July -0, , 2009 Stacy B. Wo , Esquire 10 West High Street Carlisle, PA 17013 717-241-4436 Supreme Court ID # 88732 Attorney for Defendant FiLE0- UrriuE .!r,+r -.RY 2009 JUL -2 PM 1: 12