Loading...
HomeMy WebLinkAbout10-3215ORIGINAL ~ ~ ~ ' ~ . ~ ~ ' k ' ,,r ~ i ~t~Y " ,.:r t 201 M-tY i l ~~~ ~~ i 9 Jeffrey R. Pratz, Esquire `t ~= ' ~~''~~ C' Supreme Court LD. #208934 ti v ~ .~ ~f~ ~~'~~`'~' `V`~,~`~ The Law Offices of Pratz & Wall ace 24 N. 32°d Street Camp Hill, PA 17011 Telephone: (717) 761-2312 Attorney for Plaintiff Fax: (717) 761-2313 Email: Jeffrey@pratzwallace.com Mary Hutchins Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Nancylee Augsbach Defendant CIVIL ACTION -LAW 2010- 3aIS CIVIL TERM ACTION IN BREACH OF CONTRACT 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT' ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 O ~Qa.oO Pp A~ e~~ 1~5 ~Y a~all~ Jeffrey R. Pratz, Esquire Supreme Court I.D. #208934 The Law Offices of Pratz & Wallace 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 761-2312 Fax: (717) 761-2313 Email: Jeffrey@pratzwallace.com Attorney for Plaintiff Mary Hutchins Plaintiff v. Nancylee Augsbach Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2010- CIVIL TERM ACTION 1N BREACH OF CONTRACT COMPLAINT FOR DAMAGES AND NOW, comes the Plaintiff, Mary Hutchins, by and through her attorney, Jeffrey Robert Pratz, Esquire, and The Law Offices of Pratz & Wallace, LLC, and files this Complaint for Damages against the Defendant, Nancylee Augsbach, representing as follows: 1. The amount claimed, exclusive of interest and costs, is not in excess of Fifty Thousand Dollars ($50,000.00), the jurisdictional amount requiring arbitration referral pursuant to C.C.R.C.P.1301-1. 2. Plaintiff, Mary Hutchins, is an adult individual citizen of the Commonwealth of Pennsylvania whose current address is P.O. Box 571, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Nancylee Augsbaugh, is an individual citizen of the Commonwealth of Pennsylvania and resides at 500 Geneva Drive, Apt. D-4, Mechanicsburg, Cumberland County, Pennsylvania 17055. Page 1 of 7 4. Prior to the events involved in this Complaint, Defendant successfully appealed the denial of her Social Security Disability benefits and was awaiting the back-pay amount she was awarded. 5. In or around May, 2006 Ms. Hutchins and Defendant entered into an oral contract. 6. Pursuant to the oral contract, the parties agreed to the following (herein after referred to as "stated contract"): a. Ms. Hutchins would allow Defendant to move into Ms. Hutchins' apartment located at 500 Geneva Drive, Apt. D-4, Mechanicsburg, Cumberland County, Pennsylvania 17055 in or around August, 2006; and b. Ms. Hutchins would pay for Defendant's half of any associated living expenses contingent upon repayment explained herein; and c. Upon Defendant's receipt of her Social Security Disability award, Defendant would reimburse Ms. Hutchins for half of the total costs incurred during the time Defendant was unable to pay and shared the apartment with Ms. Hutchins; and d. The Defendant would then begin paying her half of the current monthly bills; and e. Defendant would pay half of the security deposit for moving into the apartment; and f. During the months of May and June of 2008, Ms. Hutchins agreed to pay for the Defendants air fare and hotel expenses; and g. Defendant agreed that expenses paid by Ms. Hutchins for Defendant in May and June of 2008 would be paid back in full. Page 2 of 7 7. Ms. Hutchins resided alone at 500 Geneva Drive, Apt. D-4, Mechanicsburg, Cumberland County, Pennsylvania 17055 for one month, August 2006, while Defendant prepared herself financially to move into Ms. Hutchins' apartment. 8. Defendant proceeded to move into Ms. Hutchins apartment in or around the beginning of September, 2006 and to receive the benefits of the payments made by Ms. Hutchins. 9. In June 2008, Defendant received her back-pay award from Social Security Disability and began receiving benefit payments. 10. From June 2008 through May 2009, Defendant paid her half of the current monthly expenses and rent pursuant to the parties' oral contract. 11. From June 2009 through December 2009, Defendant paid her half of the rent, but failed to pay her half of the monthly expenses. 12. Ms. Hutchins vacated the apartment on January 11, 2010. 13. Defendant paid her half of the rent for January 2010, but did not pay the full amount owed to Ms. Hutchins for January 2010 pursuant to the stated contract. Count 1-Breach of Oral Contract 14. Paragraphs 1 through 13 are hereby incorporated by reference. 15. Under Pennsylvania common law, a plaintiff may recover the damages he or she has suffered, provided that they were such as would naturally and ordinarily result from the breach, or they were reasonably foreseeable and within the contemplation of the parties at the time they made the contract, and that they can be proved with reasonable certainty. Taylor v. Kaufhold, 368 Pa. 538, 84 A.2d 347 (1951); Hazelton Area Sch. Dist. V. Robert A. Bosak & Assocs., 671 A.2d 277 (Commw. Ct. 1996). Page 3 of 7 16. The oral contract between the parties does not violate the Statute of Frauds. 17. By engaging in conduct manifesting her assent to the parties' agreement, Defendant accepted the terms of the stated contract. 18. Ms. Hutchins has fully performed the stated contract by paying the May 2006 and June 2006 payments, the full security deposit in July 2006, and all of the expenses associated with the two parties living in the apartment from September 2006 through May 2008. 19. Despite full performance by Ms. Hutchins, Defendant has refused to pay just and fair amounts due under stated contract and, as such, has breached its terms and conditions. 20. Defendant breached the stated contract in the following manner, including but not limited to: a. Failing to remit to Ms. Hutchins half of all payments made prior to receipt of Defendant's Social Security Disability payment in June 2008; and b. Failing to remit to Ms. Hutchins the payments made for Defendant's benefit in May and June of 2006; and c. Failing to pay for half of the security deposit; and d. Failing to pay the full amount due in 2010. 21. As direct and proximate result of Defendant's breach, Ms. Hutchins is entitled to the following damages, including but not limited to: a. Half of all payments made on behalf of Defendant from September 2006 until May 2008, in the amount of $14,301.94; and b. The payment made on Defendant's behalf in May 2006, in the amount of $484.70; and Page 4 of 7 c. The payment made on Defendant's behalf in June 2006, in the amount of $302.84; and d. Half of the security deposit, in the amount of $285.00; and e. Half of the living expenses, not including rent, from June 2009 through December 2009, in the amount of $1,317.34; and f. Sixty-five percent (65%) of the living expenses, not including rent, for January 2010, in the amount of $397.19; and g. The pre-cancellation fee of $360.00 paid by Ms. Hutchins to Direct TV, as she was forced to cancel her account in April 2010 due to Defendants breach; and h. The pre-cancellation fee of $120.00 paid by Ms. Hutchins to Verizon, as she was forced to cancel her account due to Defendants breach. 22. As a further direct and proximate result of Defendant's breach, Ms. Hutchins has incurred the fee for filing the present Complaint in the amount of $92.00, and the fee for service upon the Defendant by the Cumberland County Sheriff s Office in the amount of $100.00. 23. In addition to the above stated damages based on Defendant's oral promise to reimburse Ms. Hutchins, she paid for Defendant's Sprint cell phone bill in the amount of $299.49 on or around December 2006. 24. As a direct and proximate result of Defendant's breach, Ms. Hutchins has been damaged in an amount totaling $18,060.50. 25. Defendant made a miscellaneous non-related payment for the benefit of Ms. Hutchins in the amount of $700.00 in July 2008 which has already been deducted from the total amount stated above, immediately due and payable. Page 5 of 7 WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $18,060.50, and such other and further relief as may be just, proper and allowable, including pre- judgment and post judgment interest and attorneys fees, not in excess of the amount requiring compulsory arbitration. Count 2 - Uniust Enrichment 26. Paragraphs 1 through 25 are incorporated by reference. 27. To prove unjust enrichment a plaintiff must show: (1) benefits conferred on defendant by plaintiff; (2) appreciation of such benefits by defendant; and (3) acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value. Accord Torchia v. Torchia, 346 Pa.Super. 229 (1985). 28. In determining if the doctrine applies, the focus is not on the intention of the parties, but rather on whether the defendant has been unjustly enriched. "To sustain a claim of unjust enrichment, a claimant must show that the party against whom recovery is sought either wrongfully secured or passively received a benefit that it would be unconscionable for her to retain." Id. 29. Where unjust enrichment is found, the law implies a contract, which requires the defendant to pay to the plaintiff the value of the benefit conferred. Schenck v. K.E. David, Ltd., 446 Pa.Super. 94 (1995). 30. As described herein, Defendant received, accepted and appreciated the benefits of the payments made on Defendant's behalf by Ms. Hutchins. 31. The value of the benefit received by Defendant is $18,060.50. Page6of7 32. Despite her promise to do so, Defendant has, to date, failed to pay the amount owed. 33. Accordingly, Defendant has been unjustly enriched and in the circumstances it would be inequitable to permit her to obtain the benefit of the transaction as against Ms. Hutchins. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $18,060.50, and such other and further relief as may be just, proper and allowable, including pre- judgment and post judgment interest and attorneys fees, not in excess of the amount requiring compulsory arbitration. Respectfully Submitted, LAW OFFICES OF PRATZ & WALLACE By: Jef Robert Pratz, squire Supreme Court I.D. No. 208934 24 North 32"d Street Camp Hill, Pennsylvania 17011- 2900 (717) 761-2312 ATTORNEY FOR PLAINTIFF Dated: ~ 1H `~ O Page7of7 VERIFICATION I, Mary Hutchins, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: c~/C7 ----.. Mary Hutch' of cUM David 1D. Buell" s e Renee K, Simpson Prothonotary a _ 1S` Deputy prothonotary O �e_c,c� ;f z 1n„ ,� ° �irkS. Sofionage, ESQ •�' 4 Irene E. lMtorrow Solicitor „so 2nd Deputy prothonotary Office of the Prothonotary Cumberland County, Pennsylvania — 3,245 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Eaac(717)240-6573