Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10-4451
far F ?Y 2010 JLL -6 A1=i I l CUM ?,.. Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Attorneys for Plaintiff ELAINE B. LEVIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA A. MCKINLEY, Defendant NO.2010 - fJ f CIVIL TERM : CIVIL ACTION -LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: Attorneys for Plaintiff ?? a?aa Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Attorneys for Plaintiff ELAINE B. LEVIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA A. MCKINLEY, Defendant NO. 2010 - CIVIL TERM CIVIL ACTION -LAW COMPLAINT Elaine B. Levin, by her attorneys, Snelbaker & Brenneman, P. C., files this Complaint against Sandra A. McKinley as follows: 1. Plaintiff Elaine B. Levin is an adult individual residing at 1000 Claremont Road, Carlisle, Pennsylvania, 17013. 2. Defendant Sandra A. McKinley is an adult individual residing at 4982 Saddlebrook Drive, Harrisburg, Pennsylvania, 17112. 3. On or about February 2, 2008, Defendant agreed to purchase from Plaintiff and Plaintiff agreed to sell to Defendant various items of Plaintiffs jewelry for a total price of $75,000.00. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4. On or about February 2, 2008 Defendant agreed to make payment to Plaintiff on account of Defendant's purchase of Plaintiffs jewelry with an initial payment of $25,000.00 and then monthly payments of $3,500.00 each month, payable by the end of each month. 5. On or about February 2, 2008, Defendant received from Plaintiff at Plaintiffs residence all jewelry that Defendant agreed to purchase from Plaintiff for the purchase price of $75,000.00. 6. At the time the parties entered into the agreement as made reference to in Paragraph 3, above, Defendant owed Plaintiff a balance of $13,555.00 as of the end of 2007 for jewelry Defendant had previously purchased from Plaintiff and for which jewelry, Defendant had made monthly payments to Plaintiff. 7. The total balance due by Defendant to Plaintiff on February 2, 2008 was $88,555.00. 8. In February 2008, Defendant made a payment to Plaintiff in the amount of $25,000.00. 9. In March 2008, after being advised by Defendant that Defendant was unable to pay Plaintiff $3,500.00 each month on account of the jewelry purchased, Defendant offered to pay and Plaintiff agreed to accept payment from Defendant in the amount of $2,500.00 each month. 10. Defendant made payment to Plaintiff of $2,500.00 each month up to and including November 2008, at which time Defendant stopped making payments to Plaintiff. 11. After demand was made to Defendant to continue to make payment, Defendant LAW OFFICES SNELSAKER & BRENNEMAN, P.C. proposed to pay Plaintiff $1,000 each month on account of the balance owed to Plaintiff, which -2- payment proposal Plaintiff accepted. 12. Defendant made eight payments of $1,000.00 each to Plaintiff until November 2009, at which point Defendant stopped making any payment to Plaintiff. 14. Defendant's failure and refusal to make any further payments to Plaintiff constitutes a material breach of the parties' agreement. 15. Defendant owes Plaintiff a balance of $25,555.00 for the purchase of Plaintiffs jewelry. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $25,555.00, together with interest and costs of this action. The amount claimed by Plaintiff in this action does not exceed the jurisdictional amount for mandatory arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. By: I /l Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Elaine B. Levin Date: July 6, 2010 -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. ?ell Z44e"' lain B. Levin Date: July 6, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SHERIFF' OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~0y~r~tr of ~ut~brrl,~~~ ~, :_ FACE C r '.,~ Sx~R11~F _ FiL~-l r _~i ` y [~Y _~~ i i',~1r t 24f4 J~! f ~ iac`i ~~ C' th c - .~~ Vkvi 4' i.tti~va~ ECG. ~` ~~~~~'~ `~'I''~• Elaine B. Levin Case Number vs. Sandra A. McKinley 2010-4451 HERIFF'S RETURN OF SERVICE 07/06/2010 Ronny R. Anderson, Sh riff who being duly sworn according to law states that he made a diligent search and inquiry for the withi named defendant, to wit: Sandra A. McKinley, but was unable to locate her in his bailiwick. He therefore eputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law 07/12/2010 Dauphin County Return And now July 12, 2010 at 1540 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named efendant, to wit: Sandra A. McKinley by making known unto herself personally, at The Dauphin County S eriffs Office, Front and Market Streets, Harrisburg, PA 17101 its contents and at the same time handing o her personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, ~~ =~- July 14, 2010 RON R ANDERSON, SHERIFF (ci CountySuite Sheriff. Teleosoft. Inc (1A~~ir:~ ~uf #E~e c~~exi,{f Mary Jane Snyder Real Estate Depu William T. Tully solicitor :: Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of County of Dauphin ELAINE B LEVIN VS SANDRA A MCKINLEY Sheriff s Return No. 2010-T-2325 OTHER COUNTY N0.20104451 And now: JULY 12, A MCKINLEY by NOTICE & SHERIFFS OFFICE Sworn and before me this 127 NOT. Y JANE ; 10 at 3:40:00 PM served the within NOTICE & COMPLAINT upon SANDRA handing to SANDRA A MCKINLEY 1 true attested copy of the original and making known to him/her the contents thereof at DAUPHIN COUNTY AND MARKET STREETS HARRISBURG PA 17101 bscribed to So Answers, day of July, 2010 ~ /~~~ / / ~ Sheriff of Dauphin unty, Pa. , B ~ ~ , Y 3A1. Deputy Sheriff Notary Publi y Deputy: N MILLER se t i 2olo Sheriffs Costs: $49..25 7/9/2010 ~iLEt!-",- - ,._ ~, 2~f~ J~~!_ 22 ~~'011 c~,~r,~,, „„, F , ` ~ , ~;~ Eric J. Wiener, Esquire PAID #18046 Law Offices of Eric J. Wiener LLC 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 (717) 909-9009 FAX Attorney for befendant ELAINE B. LEVIN, Plaintiff v. SANDRA A. MCKINLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA yes/ N0.2010~5~5~41 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE To The Prothonotary of Said Court: Kindly enter my appearance for Sandra A. McKinley, Defendant in the above captioned matter. Date: 2 ~ ~ gy; Eric J. Wiener, squire Eric J. Wiener, Esquire LAW OFFICES OF ERIC J. WIENER LLC Attorney ID #18046 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 F: (717) 909-9009 ejw@ejwlaw.com Attorney for Defendant c1010 4o6a3 PM 3:0?? Elaine B. Levin, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, : PENNSYLVANIA V. : No. 2010 - 4451 CIVIL TERM Sandra A. McKinley CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Keith O. Brenneman, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiffs Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date Eric J. Wiener, Esquire ID #18046 Law Offices of Eric J. Wiener LLC 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 (717) 909-9009 FAX ejw@ejwlaw.com Attorney for Defendant Eric J. Wiener, Esquire LAW OFFICES OF ERIC J. WIENER LLC Attorney ID #18046 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 F: (717) 909-9009 ejw@ejwlaw.com Attorney for Defendant Elaine B. Levin, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, : PENNSYLVANIA V. : No. 2010 - 4451 CIVIL TERM Sandra A. McKinley CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW COMES Defendant, Sandra A. McKinley, by and through her attorney, the Law Offices of Eric J. Wiener LLC, and files Preliminary Objections to Plaintiffs Complaint and in support thereof avers as follows: FACTS AND BACKGROUND 1. On or about July 6, 2010 Plaintiff commenced this action via complaint. The complaint is attached hereto as Exhibit "A" and refered to herein as "Complaint." 3 2. Plaintiff alleges the basis for her complaint is an alleged "agreement" between Plaintiff and Defendant for the purchase of "jewelry." See Exhibit A 3. Plaintiff alleges that the total purchase price of the "jewelry" under this "agreement" was Seventy-Five Thousand Dollars ($75,000.00). See Exhibit A para. 3 4. Plaintiff alleges "Defendant owed a balance of $13,555.00 as of the end of 2007 for jewelry Defendant had previously purchased..." See Exhibit A para. 6 5. Plaintiff does not allege that a contract or agreement existed between the parties for the payment of the "balance of $13,555.00." 6. Plaintiff alleges that as of February 2, 2008 a total balance due by Defendant to Plaintiff was $88,555.00. 7. Plaintiff alleges that Defendant paid Plaintiff a total of Fifty Five Thousand Five Hundred Dollars ($55,500), consisting of one payment of Twenty Five Thousand Dollars ($25,000.00), nine (9) payments of two thousand five hundred dollars ($2,500.00) and eight (8) payments of One Thousand Dollars ($1,000.00). See Exhibit A para. 8, 9 and 12. 8. Plaintiff has averred that the refusal to make any further payment is a material breach of the parties' "agreement." See Exhibit A para. 14 9. Plaintiff avers that Defendant owes a balance of $25,555.00 for the purchase of "jewelry," despite the fact that the math does not add up. See Exhibit A para. 15 and supra # 6 and 7. PRELIMINARY OBJECTION PURSUANT TO PA R C P 1028(a)(3) FOR INSUFFICIENT SPECIFICITY OF A PLEADING 10. Averments 1 through 9 are hereby incorporated as though set forth at length. 4 11. Plaintiff has attempted to make a claim at law for a breach of contract for the sale of goods. 12. The goods alleged to have been purchased by Defendant are not identified in the complaint beyond the term "jewelry." 13. The "balance" described in averment #6 of Complaint is asserted as owed without any accompanying factual basis. 14. The Pennsylvania Rules of Civil Procedure require fact pleading which has been said to require disclosure of the facts necessary to enable an adversary to defend against the allegations. PA R.C.P 1019; Lerner v. Lerner, 954 A.2d 1229 (Pa. Super. 2008). 15. Plaintiff has not supplied the facts necessary to enable Defendant to defend against the allegation that a "balance" of $13,555.00 was owed as of the end of 2007. 16. Plaintiff has not supplied a description of the goods at issue other than "jewelry" so as to enable the Defendant to defend against the allegations contained in the complaint. 17. Plaintiff has not supplied the material terms of the "agreement" so as to enable Defendant to defend against the claimed "material" breach. 18. Plaintiff has not supplied sufficient facts as to how she arrives at the amount claimed, so as to enable Defendant to defend against the allegations contained in the complaint. 19. Specifically, Plaintiff has asserted a claim for $25,555.00 that she purports to be the balance owed after the averred payments are subtracted from the alleged balance of $88,555.00. However, mathematics does not support this claim. 5 20. As Plaintiff has failed to aver sufficient facts to support her allegations and allow Defendant to defend against the same, the complaint: must fail for insufficient specificity. PA R.C.P. 1028(a)(3) WHEREFORE, Defendant respectfully requests this Court grant her Preliminary Objection pursuant to PA R.C.P. 1028(a)(3) as Plaintiff has not pled sufficient facts to enable Defendant to defend against the allegations of the complaint. It is respectfully requested that Plaintiffs Complaint be dismissed with prejudice and costs of litigation as well as any other relief deemed appropriate be awarded to Defendant. PRELIMINARY OBJECTIONS FOR FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT PURSUANT TO PA RULES OF CIVIL PROCEDURE 1028 (a)(2) 21. The averments given in 1-20 are incorporated as if set forth here at length. 22. PA R.C.P. 1019 (h) requires that if a claim is based on an agreement. "the pleading shall specifically state if the agreement is oral or written." 23. Plaintiff has averred that she is entitled to recovery on the basis of an "agreement" between the parties. See Exhibit A para. 3 and 14 24. Plaintiff has not averred whether alleged "agreement" was written or oral. See Exhibit A. 25. Plaintiff's complaint does not comply with PA R.C.P. 1019 (h). WHEREFORE, Defendant respectfully requests this Court grant her Preliminary Objection pursuant: to PA R.C.P. 1028(a)(2) as Plaintiff's Complaint does not comply with PA R.C.P. 1019(h). It is respectfully requested that Plaintiffs Complaint be dismissed with prejudice and costs of litigation as well as any other relief deemed appropriate be awarded to Defendant. 6 PRELIMINARY OBJECTIONS FOR LEGAL INSUFFICIENCY OF PLEADING PURSUANT TO PA RULES OF CIVIL PROCEDURE 1028 (a)(4) 26. The averments given in 1-25 are incorporated as if set forth here at length. 27. Plaintiff claims to be due relief on account of an alleged breach of an "agreement" to purchase "jewelry." Exhibit A para. 3 28. Plaintiff alleges that this "agreement" was formed February 2, 2008. Id. 29. Plaintiff goes on to summarily allege that Defendant owed Plaintiff $13,555.00 as a result of a prior "agreement." Exhibit A para. 6 30. Plaintiff's complaint only alleges a breach of the February 2, 2008 "agreement." 1. As Plaintiff admits that the claim for $13,555.00 arises out of a prior agreement, even assuming all of the facts in the Complaint to be true, Plaintiff cannot recover the $13,555.00 on the basis of a claimed breach of the February 2, 2008 "agreement" as any right of recovery for that sum does not accrue as a result of a breach of the alleged February 2, 2008 "agreement." WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiff's complaint insofar as it seeks to claim relief to which it is not legally entitled. It is respectfully requested that Plaintiff's Complaint be dismissed with prejudice and costs of litigation as well as any other relief deemed appropriate be awarded to Defendant. 4c5-67/0 Date Respectful itted: - OFFI F ERIC J. WIENER LLC Eric J. Wiener, Esquire Attorney ID # 18046 2515 North Front Street Harrisburg, PA 17110 ejw@ejw-law.com Attorney for Defendant 7 VERIFICATION I, Sandra A. McKinley, hereby verify that the statements made in the foregoing Preliminary Objections to Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in the foregoing document are made subject to the penalties of 18 Pa.C.S. §4909 relating to unsworn falsification to authorities. Date F t Sandra A. McKinley I 8 Elaine B. Levin, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, : PENNSYLVANIA V. : No. 2010 - 4451 CIVIL TERM Sandra A. McKinley CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC, and that I served the foregoing Preliminary Objections to Plaintiffs Complaint by placing a true and correct copy thereof in the United States Mail, first class postage prepaid, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 1'-Z i0 Date 9 ~ ~,,..~~lc~ r, ~t ~ ;~,Y~~Y i0 rip -$ f ~ I?' 24 ~~P~Nt~S`~ `f%~IIA QTY Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717)697-8528 Attorney ID #47077 Attorneys for Plaintiff ELAINE B. LEVIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SANDRA A. MCKINLEY, Defendant N0.2010 - 4451 CML TERM CIVIL ACTION -LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 Amended Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. LAw or~cEs SNELBAKER 8C BRENNEMAN. F.C. i~~. Attorneys for Plaintiff Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717)697-8528 Attorney ID #47077 Attorneys for Plaintiff ELAINE B. LEVIN, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA SANDRA A. MCKINLEY, Defendant N0.2010 - 4451 CIVIL TERM CIVIL ACTION -LAW AMENDED COMPLAINT Elaine B. Levin, by her attorneys, Snelbaker & Brenneman, P. C., files this Amended Complaint against Sandra A. McKinley as follows: 1. Plaintiff Elaine B. Levin is an adult individual residing at 1000 Claremont Road, Carlisle, Pennsylvania, 17013. 2. Defendant Sandra A. McKinley is an adult individual residing at 4982 Saddlebrook Drive, Harrisburg, Pennsylvania, 17112. 3. On or about February 2, 2008, Defendant agreed to purchase from Plaintiff and Plaintiff agreed to sell to Defendant various items of Plaintiff s jewelry for a total price of $75,000.00. LAw o~icEs SNELBAKER EC BRENNEMAN. P.C. 4. On or about February 2, 2008 Defendant agreed to make payment to Plaintiff on account of Defendant's purchase of Plaintiffs jewelry with an initial payment of $25,000.00 and then monthly payments of $3,500.00 each month, payable by the end of each month. 5. On or about February 2, 2008, Defendant received from Plaintiff at Plaintiffs residence all jewelry that Defendant agreed to purchase from Plaintiff for the purchase price of $75,000.00. 6. At the time the parties entered into the agreement as made reference to in Paragraph 3, above, Defendant owed Plaintiff a balance of $13,555.00 as of the end of 2007 for jewelry Defendant had previously purchased from Plaintiff and for which jewelry, Defendant had made monthly payments to Plaintiff. 7. The total balance due by Defendant to Plaintiff on February 2, 2008 was $88,555.00. On or about February 2, 2008 Defendant signed a document with Plaintiff, whereby Defendant acknowledged the balance due to Plaintiff of $13,555 for jewelry previously purchased, the additional purchase of $75,000 in jewelry from Plaintiff and the total balance due Plaintiff of $88,555. A true and correct copy of the document signed by Defendant and Plaintiff is attached hereto and incorporated by reference herein as "Exhibit A". The notations that appear below "Balance due 88,555-" both above and below the parties' signatures were later added by Plaintiff. 8. In February 2008, Defendant made a payment to Plaintiff in the amount of $25,000.00. 9. In March 2008, after being advised by Defendant that Defendant was unable to pay Plaintiff $3,500.00 each month on account of the jewelry purchased, Defendant offered to pay LAw o~cES SNELBAKER 8t -2 BRENNEMAN. P.G. and Plaintiff agreed to accept payment from Defendant in the amount of $2,500.00 each month. 10. Defendant made payment to Plaintiff of $2,500.00 each month up to and including November 2008, at which time Defendant stopped making payments to Plaintiff. 11. After demand was made to Defendant to continue to make payment, Defendant proposed to pay Plaintiff $1,000 each month on account of the balance owed to Plaintiff, which payment proposal Plaintiff accepted. 12. Defendant made eight payments of $1,000.00 each to Plaintiff until November 2009, at which point Defendant stopped making any payment to Plaintiff. 14. Defendant's failure and refusal to make any further payments to Plaintiff constitutes a material breach of the parties' agreement. 15. Defendant owes Plaintiff a balance of $25,555.00 for the purchase of Plaintiffs jewelry. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $25,555.00, together with interest and costs of this action. The amount claimed by Plaintiff in this action does not exceed the jurisdictional amount for mandatory arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. ~` G By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Date: August 31, 2010 Attorneys for Plaintiff Elaine B. Levin LAw o~cES SNELBAKER SC BRENNEMAN. F.C. -~ VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. lai e .Levin I Date: ~ ~ ~ O ~~_ LAW oFFlCES SNELBAKER EC BRENNEMAN, P.C. ANTIQUES AIVD COLLECT7HLES ELAINE BUCK LEVIN ,~ t 717 1697-0185 •_ ~ ,~ ~~8 50,6 WDOD BOX LANE R. C, 9 MfCHANIGSOURG. PA. 17055 BY RP?OINTMENT ONLY NAME C ` CITY STATE ZIP COD ITEM N VMEf ER 17EM ©ESCRIPTiON PRIDE '..._ •~ ~ ~..~ 5 ~'l ^" ~ 3 S~~ ~~clll-, ~s ~„ ~ ~ ~ ~ ;s? y G ' ~ G ~,~ OTAL PRICE ~ ~. f certify that u _ ,a vl ou to the c tra In citing all cop pu above ~s exempt from tax necause: `- _ ,'<""~''~~'/'~'~ ~ Property will be resold in ordinary course ess~`~,c'°'~---~ J~ Tax License, No, ~ ~~~,~t~ ~• ~~ ED ~ ~~ ~ ~/`~ ,!° ego w~i.~ 7'~~~ G ~ • ~ f ~ ~o~~ _t ~d~, t~,r~-mac. ~~~ o~,~ ~' {J f `,'~' < ~ ~ ~ = ~`' J~, ~~ ~ ~ ~ ~~ ~ EXHIBIT A CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Amended Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Eric J. Wiener, Esquire 2515 North Front Street Harrisburg, PA 17110 SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Elaine B. Levin Date: September 8, 2010 LAw o~icEs SNELBAKER 8C BRENNEMAN, F.C. A Eric J. Wiener, Esquire LAW OFFICES OF ERIC J. WIENER LLC Attorney ID # 18046 2515 North Front Street Harrisburg, PA 17110 .7 (717) 909-9999 - ?s F: (717) 909-9009 ejw@ejwlaw.com -' Attorney for Defendant Elaine B. Levin, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, : PENNSYLVANIA V. : No. 2010 - 4451 CIVIL TERM Sandra A. McKinley CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED To: Keith O. Brenneman, Esquire NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff's Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date Eric J. Wiener, Esquire ID #18046 Law Offices of Eric J. Wiener LLC 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 (717) 909-9009 FAX ejw@ejwlaw.com Attorney for Defendant 2 i Eric J. Wiener, Esquire LAW OFFICES OF ERIC J. WIENER LLC Attorney ID # 18046 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 F: (717) 909-9009 ejw@ejwlaw.com Attorney for Defendant Plaintiffs V. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2010 - 4451 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW COMES Defendant, Sandra A. McKinley, by and through her attorney, the Law Offices of Eric J. Wiener LLC, and files Preliminary Objections to Plaintiffs Amended Complaint and in support thereof avers as follows: FACTS AND BACKGROUND 1. On or about July 6, 2010 Plaintiff commenced this action via complaint. 2. On or about August 23, 2010 Defendant filed Preliminary Objections to Plaintiff's Complaint. Elaine B. Levin, Sandra A. McKinley 3 3. On or about September 8, 2010 Plaintiff filed an Amended Complaint. The amended complaint is attached hereto as Exhibit "A" and referred to herein as "Amended Complaint." 4. Plaintiff alleges the basis for her amended complaint is an alleged "agreement" between Plaintiff and Defendant for the purchase of "jewelry." See Exhibit A 5. Plaintiff alleges that the total purchase price of the "jewelry" under this "agreement" was Seventy-Five Thousand Dollars ($75,000.00). See Exhibit A para. 3 6. Plaintiff alleges "Defendant owed a balance of $13,555.00 as of the end of 2007 for jewelry Defendant had previously purchased..." See Exhibit A para. 6 7. Plaintiff does not allege that a contract or agreement existed between the parties for the payment of the "balance of $13,555.00." 8. Plaintiff alleges that as of February 2, 2008 a total balance due by Defendant to Plaintiff was $88,555.00. 9. Plaintiff alleges that Defendant paid Plaintiff a total of Fifty Five Thousand Five Hundred Dollars ($55,500), consisting of one payment of Twenty Five Thousand Dollars ($25,000.00), nine (9) payments of two thousand five hundred dollars ($2,500.00) and eight (8) payments of One Thousand Dollars ($1,000.00). See Exhibit A para. 8, 9, 10, 11, and 12. 10. Plaintiff has averred that the refusal to make any further payment is a material breach of the parties' "agreement." See Exhibit A para. 14 11. Plaintiff avers that Defendant owes a balance of $25,555.00 for the purchase of "jewelry," despite the fact that the math does not add up. See Exhibit A para. 15 and supra # 8 and 9. 4 PRELIMINARY OBJECTION PURSUANT TO PA kC.P. 1028(a)(3) FOR INSUFFICIENT SPECIFICITY OF A PLEADING 12. Averments 1 through 11 are hereby incorporated as though set forth at length. 13. Plaintiff has attempted to make a claim at law for a breach of contract for the sale of goods. 14. The goods alleged to have been purchased by Defendant are not identified in the amended complaint beyond the term "jewelry." 15. The "balance" described in averment 46 of Amended Complaint is asserted as owed without any accompanying factual basis. 16. The Pennsylvania Rules of Civil Procedure require fact pleading which has been said to require disclosure of the facts necessary to enable an adversary to defend against the allegations. PA R.C.P 1019; Lerner v. Lerner, 954 A.2d 1229 (Pa. Super. 2008). 17. Plaintiff has not supplied the facts necessary to enable Defendant to defend against the allegation that a "balance" of $13,555.00 was owed as of the end of 2007. 18. Plaintiff has not supplied a description of the goods at issue other than "jewelry" so as to enable the Defendant to defend against the allegations contained in the amended complaint. 19. Plaintiff has not supplied the material terms of the "agreement" so as to enable Defendant to defend against the claimed "material" breach. 20. Plaintiff has not supplied sufficient facts as to how she arrives at the amount claimed, so as to enable Defendant to defend against the allegations contained in the amended complaint. 5 21. Specifically, Plaintiff has asserted a claim for $25,555.00 that she purports to be the balance owed after the averred payments are subtracted from the alleged balance of $88,555.00. However, mathematics does not support this claim. 22. As Plaintiff has failed to aver sufficient facts to support her allegations and allow Defendant to defend against the same, the amended complaint must fail for insufficient specificity. PA R.C.P. 1028(a)(3) WHEREFORE, Defendant respectfully requests this Court grant her Preliminary Objection pursuant to PA R.C.P. 1028(a)(3) as Plaintiff has not pled sufficient facts to enable Defendant to defend against the allegations of the amended complaint. It is respectfully requested that Plaintiff's Amended Complaint be dismissed with prejudice and costs of litigation as well as any other relief deemed appropriate be awarded to Defendant. PRELIMINARY OBJECTIONS FOR FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT PURSUANT TO PA RULES OF CIVIL PROCEDURE 1028 (a)(2) 23. The averments given in 1-22 are incorporated as if set forth here at length. 24. PA R.C.P. 1019 (h) requires that if a claim is based on an agreement, "the pleading shall specifically state if the agreement is oral or written." 25. Plaintiff has averred that she is entitled to recovery on the basis of an "agreement" between the parties. See Exhibit A para. 3 26. Plaintiff has not averred whether alleged "agreement" was written or oral. See Exhibit A. 27. Plaintiff does allege, and has attached to the amended complaint, a signed document supposedly acknowledging the purchase. See Exhibit A 6 28. The Amended Complaint does not purport that this signed document is an expression of the terms agreed to by the parties. 29. To the contrary, the Amended Complaint states that the writing merely acknowledges the purchase price. 30. From a review of the signed document it is clear that the document does not contain any of the so-called terms of the parties' agreement. 31. Additionally, the signed document contains additional writing which were allegedly added at another time calling the authenticity of the document into question. 32. If the agreement between the parties was oral, such must be stated by the Plaintiff in her pleading. PA R.C.P. 1019 (h) 33. Plaintiff's amended complaint does not comply with PA R.C.P. 1019 (h). WHEREFORE, Defendant respectfully requests this Court grant her Preliminary Objection pursuant to PA R.C.P. 1028(a)(2) as Plaintiff's Amended Complaint does not comply with PA R.C.P. 1019(h). It is respectfully requested that Plaintiffs Amended Complaint be dismissed with prejudice and costs of litigation as well as any other relief deemed appropriate be awarded to Defendant. PRELIMINARY OBJECTIONS FOR LEGAL INSUFFICIENCY OF PLEADING PURSUANT TO PA RULES OF CIVIL PROCEDURE 1028 (a)(4) 34. The averments given in 1-33 are incorporated as if set forth here at length. 35. Plaintiff claims to be due relief on account of an alleged breach of an "agreement" to purchase "jewelry." Exhibit A para. 3 36. Plaintiff alleges that this "agreement" was formed February 2, 2008. Id. 37. Plaintiff goes on to summarily allege that Defendant owed Plaintiff $13,555.00 as a result of a prior "agreement." Exhibit A para. 6 7 38. Plaintiff's amended complaint only alleges a breach of the February 2, 2008 "agreement." 39. As Plaintiff admits that the claim for $13,555.00 arises out of a prior agreement, even assuming all of the facts in the Amended Complaint to be true, Plaintiff cannot recover the $13,555.00 on the basis of a claimed breach of the February 2, 2008 "agreement" as any right of recovery for that sum does not accrue as a result of a breach of the alleged February 2, 2008 "agreement." WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiff's Amended Complaint insofar as it seeks to claim relief to which it is not legally entitled. It is respectfully requested that Plaintiff's Amended Complaint be dismissed with prejudice and costs of litigation as well as any other relief deemed appropriate be awarded to Defendant. 9 2 a/l? Date Respectfull LA FI ERIC J. WIENER LLC Eric J. Wiener, Esquire Attorney ID # 18046 2515 North Front Street Harrisburg, PA 17110 ejw@ejw-law.com Attorney for Defendant 8 VERIFICATION I, Sandra A. McKinley, hereby verify that the statements made in the foregoing Preliminary Objections to Plaintiffs Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in the foregoing document are made subject to the penalties of 18 Pa.C.S. §4909 relating to unsworn falsification to authorities. t Date Sandra A. McKinley 9 EXHIBIT A Plaintiff's Amended Complaint Dated 9/08/2010 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 1.7055 (717) 697-8528 Attorney FD #47077 Attorneys for Plaintiff ELAINE B. LEVIN, V, Plaintiff SANDRA A. MCKINLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010 - 4451 CTVIL TERM : CIVIL ACTION -LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 Amended 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 SE'T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Count}/ Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNI MAN, P. C. LAW OFFICES SNELSAKER & BRENNEMAN. P.C. TRUE COPY FROM RECORD In Teebirwny whwW. I heft unto W my herd and ttw esal of aWd C"616. P& y: 111W d@V of 20 ?A- 'jo Attorneys for Plaintiff Keitli O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID 947077 Attorneys for Plaintiff ELAINE B, LEVIN, V. Plaintiff SANDRA A. MCKINLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2010 - 4451 CIVIL TERM CIVIL ACTION -LAW AMENDED COMPLAR\'T Elaine B. Levin, by her attorneys, Snelbaker & Brennemasz, P. C., files this Amended { Complaint against Sandra A. McKinley as follows: 1. Plaintiff Elaine B. Levin is an adult individual residing at 1000 Claremont Road, I Carlisle, Pennsylvania, 17013. 2. Defendant Sandra A. McKinley is an adult individual residing at 4982 Saddlebrook j Drive, Harrisburg, Pennsylvania, 17112. 3. On or about February 2, 2008, Defendant agreed to purchase fi-onn Plaintiff and `Plaintiff agreed to sell to Defendant various items of Plaintiffs jewelry for a total price of $75,000,00. LAW OFFICES SNELBAKER & BRENNEMAN, PC. 4. On or about February 2, 2008 Defendant agreed to make payment to Plaintiff on account of Defendant's purchase of Plaintiffs jewelry with an initial payment of $25,000.00 and then monthly payments of $3,500.00 each month, payable by the end of each month. 5. On or about February 2, 2008, Defendant received from Plaintiff at Plaintiffs residence all jewelry that Defendant agreed to purchase from Plaintiff for the purchase price of $75,000.00. 6. At the time the parties entered into the agreement as made reference to in Paragraph 3, above, Defendant owed Plaintiff a balance of $13,555.00 as of the end of 2007 for jewelry Defendant had previously purchased from Plaintiff and for which jewelry. Defendant had made monthly payments to Plaintiff. 7. The total balance due by Defendant to Plaintiff on February 2, 2008 was $88,555.00. On or about February 2, 2008 Defendant signed a document with Plaintiff, whereby Defendant acknowledged the balance due to Plaintiff of $13,555 for jewelry previously purchased, the additional purchase of $75.000 in jewelry from Plaintiff and the total balance due Plaintiff of $88,555. A true and correct copy of the document signed by Defendant and Plaintiff is attached hereto and incorporated by reference herein as "Exhibit A". The notations that appear below "Balance due 88,5552 both above and below the parties' signatures «rere later added by Plaintiff: 8. In February 2008, Defendant made a payment to Plaintiff in the amount of $25,000.00. 9. In March 2008, after being advised by Defendant that Defendant was unable to pay Plaintiff $3,500.00 each month on account of the jewelry purchased, Defendant offered to pay LAW OFFICES -2_ SN£LBAKER & BRENNEMAN, P.C. and Plaintiff agreed to accept payment from Defendant in the amount of $2,500.00 each month. 10. Defendant made payment to Plaintiff of $2,500.00 each month up to and including November 2008, at which time Defendant stopped making payments to Plaintiff. 11. After demand was made to Defendant to continue to make payment, Defendant proposed to pay Plaintiff $1,000 each month on account of the balance owed to Plaintiff, which payment proposal Plaintiff accepted. 12. Defendant made eight payments of $1,000.00 each to Plaintiff until November 2009, at which point Defendant stopped making any payment to Plaintiff. 14. Defendant's failure and. refusal to make any further payments to Plaintiff constitutes a material breach of the parties' agreement. 15. Defendant owes Plaintiff a balance of 525,555.00 for the purchase of Plaintiffs jewelry. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $25,555.00, together with interest and costs of this action. The amount claimed by Plaintiff in this action does not exceed the jurisdictional amoLmt for mandatory arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W.1\4.ain Street Mechanicsburg, PA 17055 (717) 697-8528 Date: August 31, 2010 Attorneys for Plaintiff Elaine B. Levin LAW OFFICES SNELBAKER & 1 _ BRENNEMAN, P.C. -? VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 i Pa.C.S. Section 4904 relating to unswon) falsification to authorities. r Aai Levin v Date d F©_ LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ANTIQUES AND COLLECTIBLES ELAINE BUCK LEVIN 0. (717) 897.0185 ass 5076 WOOD 90X LAr:E - R. C. 3 MCCHANICSBURG. PA. 17035 ?>4 8Y APPOINTMENT ONLY NAME CITY STA ZIP CODE ITEM NUMBER 17EM t)ESCRIPTION PRICE "7 r?.?esLa!7_ E I ? -- gpj 46 At Xs&? A ra-t- ` 1>1 1-c- G .' OT AL PRICE I certify that uIll 11 y a vl ov tD the C 6 In ri ping all rop pul ebove is exempt from tax bevause'. / rr;.pc:r,y vvi(I be resold in ordinary course p a E4Us ess Tax kern N! r. -r DATA' .?FjfGz!?+r 'IS) QNED 1) 12- J y Oct) LA- EXHIBIT A CERTIFICATE OF SERVICE I, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Amended Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Eric J. Wiener, Esquire 2515 North Front Street Harrisburg, PA 17110 SNCLBAKER & BR.ENNEMAN., P. C. By: Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (73.7)697-8528 Attorneys for Plaintiff Elaine B. Levin Date: September 8, 2010 LAW OFFICES SNEL RAKER & BRENNEMAN. P.C. Elaine B. Levin, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, : PENNSYLVANIA V. : No. 2010 - 4451 CIVIL TERM Sandra A. McKinley CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC, and that I served the foregoing Preliminary Objections to Plaintiffs Amended Complaint by placing a true and correct copy thereof in the United States Mail, first class postage prepaid, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 ?1d 7// Date 10 OA IAL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entice caption must be stated in full) Elaine B. Levin, Plaintiff vs. Sandra A. McKinley, Defendant ----------------------------------------- C 7 e ? C-3 R? Z G --i cv M rnr- z; -O~ Cz C? Q 5c= °'- m No. 2010-4451 TO@ C) 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Obiections to Plaintiffs Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Keith O. Brenneman, Esquire (Name and Address) 44 West Main Street, Mechanicsburg, PA 17055 (b) for defendants: Eric J. Wiener, Esquire (Name and Address) 2515 N. Front Street Harrisburg, PA 17110 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Date: September 30, 2010 Signature Keith O. Brenneman Print your name Plaintiff Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Elaine B. Levin, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, :.PENNSYLVANIA v. No. 2010 - 4451 CIVIL TERM Sandra A. McKinley CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED ~ ~ ° -vim , ~ NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT ~ ~ ° ~ UNDER PA. R. C. P. 237.5 '' -'' ~' ~ ° ~~ ~ ~ To: Elaine B. Levin, r ~ ~ o z,,, --+o o (Defendant) ~ o ~ ~., C D ,. G3 ~fTl Date of Notice: October 26.2010 ~ + -~ y, ~ IMPORTANT NOTICE -` ~ ~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER 1MPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIZING 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 1-800-990-9108 717-249-3166 Eric J. Wiener, Esquire ID #18046 Law Offices of Eric J. Wiener LLC 2515 North Front Street Harrisburg, PA 17110 (717) 909-9999 (717) 909-9009 FAX ejw@ejwlaw.com Attorney for Plaintiff To: Elaine B. Levin Elaine B. Levin 1000 Claremont Road Carlisle, PA 17013 To: Keith O. Brenneman, Esquire Keith O. Brenneman. Esquire Snelbaker & Brenneman. P.c. 44 West Main Street Mechanicsburg. PA 17055 2 • Elaine B. Levin, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2010 - 4451 CIVIL TERM Sandra A. McKinley ~ CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC, and that I served the foregoing 10 day notice of entry of default for failure to respond to Preliminary Objections of September 28, 2010 in the time required by placing a true and correct copy thereof in the United States Mail, first class postage prepaid, addressed as follows: Elaine B. Levin 1000 Claremont Road Carlisle, PA 17013 Keith O. Brenneman. Esquire Snelbaker & Brenneman. P.c. 44 West Main Street Mechanicsburg. PA 1705 'D ~6 ~l~ Date G' . Lauffer, aw Clerk 3 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Attorneys for Plaintiff ELAINE B. LEVIN, Plaintiff V. SANDRA A. MCKINLEY, Defendant IN THE COURT of COMMON PLEAS OF CUMBERLAND ?OUNTY, PENNSYLVANIA NO. 2010 - 4451 CIVIL CIVIL TERM - LAW S Plaintiff Elaine B. Levin, by her attorneys, Snelbaker &1 Brenneman, P. C. submits the following Response to Defendant's Preliminary Objections to laintiff s Amended Complaint: 1. Admitted. 2. Admitted. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3. Admitted. 4. Denied. Plaintiffs Amended Complaint, being in v accordingly, Defendant's characterization of the "basis" of the 5. Admitted. By way of further response, Defendant c jewelry in that amount by the writing attached to Plaintiffs Aj iting, speaks for itself; kmended Complaint is denied. )nfirmed the purchase of the ended Complaint as "Exhibit A". 6. Admitted. By way of further response, Defendant specifically confirmed this amount due to Plaintiff in the writing attached to Plaintiff s Amended Complaint as Exhibit A. 7. Admitted, with the qualification that such an allegation is unnecessary since Defendant specifically confirmed the $13,555 amount due in the writing attached to Plaintiffs Amended Complaint as Exhibit A. 8. Admitted. 9. Denied. It is denied that in any place in the Defendant paid Plaintiff $55,000. On the contrary, no such Complaint. 10. Admitted. 11. Admitted in part; denied in part. It is admitted that the balance of $25,550.00. Defendant's failure to perform based on the debt she owed, the payments she has made and in the claim "the math does not add up" is denied. i Complaint it is alleged that is stated in the Amended avers Defendant owes ;matic calculations correctly remaining balance due resulting 12. The averments of Paragraphs 1 through 11, above are incorporated by reference I herein. 13. Denied as an unwarranted conclusion of law. I 14. Admitted., with the qualification that Defendant lu when she signed Exhibit A to Plaintiff s Amended Complaint. 15. Denied as an unwarranted conclusion of law. The 11 Plaintiff s Amended Complaint are incorporated by reference h M. Denied as an unwarranted conclusion of law. what "jewelry" was referred to of Paragraph 7 of LAIN OFF '3 I I _2- SNELBAKER 8c III BRENNEMAN, IP.G: 17. Denied as an unwarranted conclusion of law. The averments of Paragraph 7 of Plaintiff s Amended Complaint are incorporated by reference h rein. 18. Denied as an unwarranted conclusion of law. Paragraph 14, above is incorporated by reference herein. 19. Denied as an unwarranted conclusion of law. 20. Denied as an unwarranted conclusion of law. By way of further response, Defendant's contention that she is unable to defend against the allegations in the Amended Complaint are as frivolous as they are specious. 21. Denied. The averments of Paragraph 11, above are incorporated by reference herein. 22. Denied as an unwarranted conclusion of law. 23. The averments of Paragraphs 1 through 22, above are incorporated by reference herein. 24. Denied as an unwarranted conclusion of law. 25. Denied. The averments of Paragraph 4, above are -ncorporated by reference herein. 26. Denied. The obligation of Defendant to pay upon the agreement is evidenced by the writing signed by Defendant attached to Plaintiffs Amended C mplaint as "Exhibit A". 27. Admitted. in part; denied in part. It is admitted the is a document signed by Defendant acknowledging both the purchase by and debt of Defendant. It is denied that it "supposedly" acknowledged the purchase by Defendant. 28. Denied. On the contrary, the document is dated the same date as the agreement made reference to in Plaintiffs Amended Complaint. 29. Denied. The document signed by Defendant is an acknowledgment of Defendant of LAW OFFICE:>SC I _3_ SNELBAKER BRENNEMAN, P.C. more than the purchase price, but also notes, among; other thin 30. Denied as an unwarranted conclusion of law. 31. Denied as an unwarranted conclusion of law. 32. Denied as an unwarranted conclusion of law. 33. Denied as an unwarranted conclusion of law. 34. The averments of Paragraphs 1 through 22, above Defendant's debt to Plaintiff. incorporated by reference herein. LAW OFFICES SNELBAKER & BRENNEMAN,F.C. 35. Denied. The averments of Paragraph 4, above are i corporated by reference herein. 36. Admitted. 37. Denied. Defendant specifically acknowledged her bligation with respect to the $13,550 debt in writing. 38. Denied as an unwarranted conclusion of law. 39. Denied as an unwarranted conclusion of law. WHEREFORE, Plaintiff requests that Defendant's Preli inary Objections be dismissed and judgment be entered in her favor in accordance with the demand set forth in Plaintiffs Amended Complaint. SNELBAKER & Date: , P. C. By: ' Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Elaine B. Levin -4- VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein of 18 Pa.C.S. Section 4904 relating to unsworn falsification Dater Elaine B. Levin to Preliminary Objections made subject to the penalties authorities. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. OF I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Response to Pr liminary Objections to be served upon the person and in the manner indicated below: POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Eric J. Wiener, Esquire 2515 North Front Street Harrisburg, PA 17110 SNELBAKER & ?BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8548 Attorneys for Plaintiff Elaine B. Levin Date: Pr54tt1N 6-/ 2.10 LAW OFFICES SNELBAKER & BRENNEMAN, F.C.. IN THE COURT OF COMMON PLEAS OF LEVIN ELAINE B , . Plaintiff CUMBERLAND COUNTY, PENNSYLV vs. CIVIL ACTION - LAW NO. 10-4451 CIVIL SANDRA A. MCKINLEY, _r-rs Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE HESS P.J. AND MASLAND, J. ORDER AND NOW, this 4 ' day of January, 2011, the court being satisfied that the plaintiff's amended complaint conforms with law and Rules of Procedure and adequately informs the defendant of the claim made and relief sought with sufficient completeness as to permit a defense, the preliminary objections to the plaintiff's amended complaint are OVERRULED. BY THE COURT, 'Keith O. Brenneman, Esquire For the Plaintiff `Eric J. Wiener, Esquire For the Defendant Copes moped 115'1f DO Am DaviciD. Buell" Prothonotary Office of the Trothonotary Cum6erranar County, (Pennsylvania Sohonage, ESQ So ficitor -.yligt CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28Th DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO. PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 Carfisfe, (PA None 717 240-6195 0 'Ta .ki 717 240-6573