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Home My WebLink About10-5190Coln Qv6- q Pry ?(:ry Bryan W. Shook, Esquire I D # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook dpU aw.com Attorney for Plaintiff JOHN A. HAAG, Trustee of the : IN THE COURT OF COMMON PLEAS OF JOHN HAAG REVOCABLE LIVING : CUMBERLAND COUNTY, PENNSYLVANIA TRUST AGREEMENT dated January 8, 2004, Plaintiff V. LISA S. HAAG, Defendant : CIVIL ACTION - LAW : No: 10- v?/9 0 CIVIL TERM NOTICE TO DEFEND 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 '5a . pd jedi-a4 A*' lb y?! NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Bryan W. Shook, Esquire 1 D # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook(&-4n law.com Attorney for Plaintiff JOHN A. HAAG, Trustee of the : IN THE COURT OF COMMON PLEAS OF JOHN HAAG REVOCABLE LIVING : CUMBERLAND COUNTY, PENNSYLVANIA TRUST AGREEMENT dated January 8, 2004, Plaintiff V. LISA S. HAAG, Defendant CIVIL ACTION - LAW No: 10- COMPLAINT CIVIL TERM AND NOW, comes the Plaintiff, John A. Haag, Trustee of the John Haag Revocable Living Trust Agreement, dated January 8, 2004, by and through his attorneys, the DETHLEFS-PYKOSH LAW GROUP, LLC, by Bryan W. Shook, Esquire, and makes the within Complaint against the Defendant, Lisa S. Haag, and, in support thereof, avers as follows: 1. Plaintiff is John A. Haag, Trustee of the John Haag Revocable Living Trust Agreement, dated January 8, 2004 whose address is 2161 Calcutta Road, Punta Gorda, Florida 33983. 2. Defendant, Lisa S. Haag, is an adult individual currently residing at 422F North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 3. On or about November 2009, Defendant, Lisa S. Haag, wanted to purchase a truck and sought a loan from Belco Community Credit Union to accomplish the same. 4. By all accounts, Defendant, Lisa S. Haag, did not qualify for the loan she sought. 5. On November 16, 2009, Defendant, with her father, Charles Haag, spoke with a sales representative about obtaining the loan on the account of her grandfather, John Haag. 6. Defendant was informed of the option of a shared secured loan with Defendant, Lisa. S. Haag listed as the primary on the account secured with a deposit from Plaintiff with Belco. 7. Defendant contacted John Haag, then Trustee of the Plaintiff, John Haag Revocable Living Trust Agreement dated January 8, 2004, concerning helping Defendant acquire the truck. 8. Defendant communicated with John Haag, then Trustee of the Plaintiff, John Haag Revocable Living Trust Agreement dated January 8, 2004, and advised him that he could either simply gift Defendant the money outright to purchase the truck, or John Haag could send the money to Belco Community Credit Union and establish an account there which would act as collateral for the loan to Defendant, Lisa S. Haag. 9. John Haag, then Trustee of the Plaintiff, John Haag Revocable Living Trust Agreement dated January 8, 2004, contacted Belco Community Credit Union to apprise Belco of the Trust's wishes. 10. Thereafter, John Haag, then Trustee of the Plaintiff, John Haag Revocable Living Trust Agreement dated January 8, 2004, sent check # 1058 along with a cover letter dated November 17, 2009, in the amount of $22,000.00 to be used as loan collateral for Defendant, Lisa S. Haag's, contemplated loan. (A copy of the check, letter and express mail receipt is attached hereto, made part hereof and marked as Exhibit "A") 11. Upon arrival of the check at Belco, it was noted to Defendant, by Belco, that the check would required a hold for 10 days before it could be used as collateral for the loan to Defendant, Lisa S. Haag. 12. Defendant was not interested in waiting 10 days to purchase the truck. 13.A discussion ensued between Defendant, Lisa S. Haag, Charles Haag, her father, and Belco, wherein Charles Haag, for whom Belco held a Power of Attorney, issued by John Haag, instructed Belco to issue a check for the purchase of the vehicle in lieu of making the loan. 14. Defendant knew that her father, Charles Haag's direction to Belco was in direct opposition to her grandfather, John Haag's, express direction to Belco and further Plaintiff's wishes concerning the loan. 15. Belco followed this instruction and the $22,000.00, unbeknownst to Plaintiff was provided directly to Defendant, Lisa S. Haag and no loan was ever made. COUNT I - BREACH OF CONTRACT 16. Plaintiff incorporates as if fully set forth herein, paragraphs 1 through 15 above. 17.At all times material hereto, Defendant, Lisa S. Haag knew or should have known that the $22,000.00 which Plaintiff sent to Belco was to be used as collateral to secure the contemplated loan to her for the purchase of the truck. 18. At all times material hereto, Defendant was well aware of Plaintiff's wishes, as outlined above. 19. At all times material hereto, Defendant was well aware that the money, which was a trust asset, was to remain on deposit with Belco and only to be used as collateral to secure the aforementioned loan. 20. Plaintiff demanded the return of the aforementioned $22,000.00. 21. Defendant refused to return the $22,000.00. 22. John Haag, then Trustee of the Plaintiff, John Haag Revocable Living Trust Agreement dated January 8, 2004, sent a promissory note and motor vehicle security agreement to Defendant. 23. Defendant refused to execute the promissory note. 24. Defendant refused to execute the motor vehicle security agreement. 25. By letter of the undersigned dated June 14, 2010, Plaintiff called the $22,000.00 due, effective immediately. (A copy of the June 14, 2010 letter is attached hereto, made part hereof and marked as Exhibit "B") 26. By reason of Defendant knowing the history of the $22,000.00 and by unilaterally using the same to her benefit and against Plaintiffs wishes, as outlined above, and further by refusing to pay the same when called due, Defendant has breached her contract with Plaintiff. 27. Defendant is in default to her obligation to Plaintiff. 28. To date Defendant has not returned any of the aforementioned $22,000.00. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant, in the amount of $22,000.00 plus costs of suit and whatever other relief this Honorable Court deems necessary and just. COUNT 11 - UNJUST ENRICHMENT 29. Plaintiff incorporates as if fully set forth herein, paragraphs 1 through 28 above. 30. In the event that Defendant contends that no contractual relationship exists, Plaintiff is entitled to recover the outstanding $22,000.00 to prevent Defendant from being unjustly enriched. 31.Against the aforementioned wishes of John Haag, then Trustee of the Plaintiff, John Haag Revocable Living Trust Agreement dated January 8, 2004, Defendant allowed the $22,000.00 to be paid directly to her so that she could purchase the aforementioned truck. 32. Defendant should have reasonably expected to have to repay Plaintiff the $22,000.00. 33. It would be inequitable for Defendant to receive the benefit of $22,000.00 still owed to Plaintiff. 34. Defendant had used the $22,000.00 to her advantage and to the disadvantage of the trust. 35. Plaintiff is entitled to collect the $22,000.00 under the doctrine of unjust enrichment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant, in the amount of $22,000.00 plus costs of suit and whatever other relief this Honorable Court deems necessary and just. COUNT Ill. CONVERSION 36. Plaintiff incorporates as if fully set forth herein, paragraphs 1 through 35 above. 37. As described more particularly herein, Defendant has failed to repay the aforementioned $22,000.00 to Plaintiff. 38. Defendant, in retaining the possession of aforementioned $22,000.00, deprives Plaintiff of possession of property without legal justification and without Plaintiff's consent. 39. Plaintiff provided $22,000.00 to Belco reasonably relying upon the representations of Defendant regarding the necessity of the money as collateral to secure a loan to Defendant. 40. Defendant's representations pertaining to the loan were false. 41. Defendant has refused Plaintiffs numerous demands for return of the aforementioned $22,000.00 and thus has evidenced her intent to exercise control over the aforementioned $22,000.00 belonging to Plaintiff. 42. Defendant has deprived Plaintiff of possession of Plaintiff's property, namely the $22,000.00, despite the fact that Defendant has no right to the money. 43. The actions of the Defendant, which are described more particularly herein, were thought out and/or taken willfully with the result being an interference with Plaintiff's right to its property, namely the aforementioned $22,000.00. 44. Restated, but for the aforementioned actions of the Defendant, Plaintiff would either have retained its $22,000.00. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant, in the amount of $22,000.00 plus costs of suit and whatever other relief this Honorable Court deems necessary and just. Date:__ A,,G vA Respectfully Suubmiitted Bryan . Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Plaintiff November 17, 2009 Belco Community Credit Union Loan Department 449 Eisenhower Blvd. Harrisburg, PA 17111 Re: Account No. 709850-S1 Account Name: John Haag Dear Sir/Madam: Enclosed please find check #1056, in the amount of $22,000, made payable to Belco Community Credit Union, to be deposited into the above referenced account. If your should have any questions regarding the above, please do not hesitate to contact me at 941-627-5732. - Sincerely, JOHN HAAG a M R ? i A • b. _ 4 c i L ... b" r+`.. V a a ', & m m c' ,arm - m l a ? tc ? - ?.?- ^ Q fir C fCJ S 't`.' ti S s °? '' t. m 1 m ?, tn r' C I 7j! w y t ?s l L t ? T I U n{ m? Y t 3 i I t I mm 63 m m <f t! rn o Z f. ? ED m mo O all ? q N $ (p 3 ? O Ik OW ru s. -? Pf lot 0 -%3 m 0 it is X 0 lz? rm 4 w 0 C. un 1 Ln C) i low vi LA f PlMMI;;'hr '74e of gowrart nclwkm >r tkllrla-pnmt SIprenrr l -11 and IF Holcv-dm. F m swan) fibers nrr imL*nW it !his page- The bdrk of 1l%s dmu ler I•as an Utfiniel WYetlermerk ho{n er 1 &Woe .,ff w V1 Mfn U&I 1 1., i 00 NOOT WWILD STAMP OR SIGN U LOW NIS LIPK I RE Lit P VED FOA F iKA h; iAL I s S, ru r o % j 5L k 5 ?• ago. DETHLEFS-PYKOSH LAW GROUP, LLC Darrell C. Dethlefs* Michael J. 'koah* 2132 Market Street C'ouusel Bryan W. Shook Camp Hill, PA 17011 Robert J. DeSousa Melanie I» Erb Phone: (717) 975-9446 Leaal Staff Heather N. Orisko Toll Free: (800) 287- 1202 Sherry L. Deckman* John R .;Logan** Fax: (717) 975-2309 Danielle Winn Patrick D. Ivkovich E-mail: F 3Shook(uldplelaw com Susan Disbrow Paul D. Daggs _ . ft:lXcvww dcdlaw net Kathleen R. Nusp! David C. Dagle Jacqueline Windus Trudy A. Marietta Mintz*** *L A tt " e Agents Charles Thomas dmi d t th "`Admtdie to the NJllar Matthew 3. Monahan ""Admitted to Ml) Bar June 14, 2010 Lisa S. Haag 15 East Shady Lane Enola, Pennsylvania 17025 Sent via Certified Mail #'7010 0290 000135841834 Re: Load due: Jahn Haag Trust Dear Ms. Haag: Please be advised that this letter is to inform you that the $22,000.00 which was placed, on deposit with. Belco Community Credit Union and which you withdrew, without permission or without consent from the John Haag Revocable Living Trust is being called DUE, EFFECTIVE IMMEDIATELY. As you are well aware, the $22,000.00 was sent to Belco Community Credit Union to be deposited into an account in the name of "John Haag" to be used as collateral for a loan to you for the purchase of a truck. Please consider this correspondence your official, formal notice that the $22,000.00 you removed from the account of John Haag is hereby DUE AND PAYABLE. Please contact my office at once to make arrangements to pay the $22,000.00 back to the Trust. If you do not contact my office by the close of business on June 21, 2010, I have been authorized to commence whatever legal proceedings necessary to recover the Trust's $22,000.00. Very tr Aen:?-- uly yours, ) "V. Bry W. Shook, Esquire _ 204 N. George Street P.O. Box 368 York, PA 17401 Camp Hill, PA 17001-0368 The Dethlefis-Fykosh Law Group, LLC - "Your Full Service Law Firm " DETHLEFS-PYKOSH LAW GROUP, LLC Darrell C. Dethiefs* Michael J Pykosh* 2132 Market Street Bryan W. Shook Camp Hill, PA 17011 Robert J. DeSousa Melanie L. Erb Phone: (717) 975-9446 ! St Heather N. Orisko Toll Free: (800) 287-1202 Sherry L. DLckman* John R .Logan** Fax: (717) 975-2309 Danielle Winn Patrick D. Ivkovich E-mail: BShookCa?dnigiaw cam Sum Disbrow Paul D. Daggs Httn://wN"Y.dcdlaw net Kathleen R. Nuspl David C. Dsg1e . Jacquelin; Windus Trudy A. Matrletta Mintz*** *Licensed 1' Tttie Agents Charles Thomas * ed t t Admttto the.hl Bar Matthew J. Monaehan ***Admitted to MD Bar June 14, 2010 Lisa S. Haag 15 East Shady Lane Enola, Pennsylvania 17025 Sent via Certified & Regular USPS Mail Re: Load due: John Haag Trust Dear Ms. Haag: Please be advised that this letter is to inform you that the $22,000.00 which was placed, on deposit with Belco Community Credit Union and which you withdrew, without permission or without consent from the John Haag Revocable Living Trust is being called DUE, EFFECTIVE IMMEDIATELY. As you are well aware, the $22,000.00 was sent to Belco Community Credit Union to be deposited into an account in the name of "John Haag" to be used as collateral for a loan to you for the purchase of a truck. Please consider this correspondence your official, formal notice that the $22,000.00 you removed from the account of John Haag is hereby DUE AND PAYABLE. Please contact my office at once to make arrangements to pay the $22,000.00 back to the Trust. If you do not contact my office by the close of business on June 21, 2010,1 have been authorized to commence whatever legal proceedings necessary to recover the Trust's $22,000.00. Very truly yours, Brya W. Shook, Esquire 204 N. George Street P.O. Box 368 P.O. Box 213 York, PA 17401 Camp Hill, PA 17001-0368 Lancaster, PA 1 7608-02 1 3 The Dethlefis-Pykosh Law Group, LLC- "Your Full Service Law Firm" A Debt Relief Agency From: To:917179752309 08/09/2010 14:39 #041 P.002/002 VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unswom falsification to authorities. Date: 9-1112010 ;hn VC 7. stc Haag Revocabi ruing Trust Agreement, ated January 8, 2004 By: John A. Haag Title: Trustee SHERIFF'S OFFICE OF CUMBERLAND COUNTY _,, , Ronny R Anderson r ' - Sheriff ~ ~ ', ~~~,utr of ~ ut~6r~ f~ ~ • Jody S Smith ~ r Chief Deputy ~~ :'~-, ~2plU ^+AUG~ I (D ~~Mtq' ~-~ Richard W Stewart ~ C~, ~ - ~, ; ,~~ Solicitor o~~c~ 4FTH~ s~ERI~F = ~•.. _ John A. Haag Case Number vs. 2010-5190 Lisa S. Haag SHERIFF'S RETURN OF SERVICE 08/12/2010 05:21 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1721 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lisa S. Haag, by making known unto herself personally, at 422E North Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.94 August 13, 2010 ~~ RYAN BURGETT, DEPUTY SO ANSWERS, -~.~.,.. RON R ANDERSON, SHERIFF (c) CountySulte Shenft, Teleosoft, Inc, David ED. Buelt Prothonotary Office of the Prothonotary Cum6er[andfCounty, Qennsy[vania 7(jrkS. Sohonage, T S'Q Solicitor / I QU 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 ® Car[is(e, PA 0 (Phone 717 240-6195 0 rFar 717 240-6573