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HomeMy WebLinkAbout10-5410ell C. Dethlefs, Esquire #58805 udy A. Marietta Mintz, Esquire 11) # 208523 The Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 Tmariettamintz!a dcdlaw.net L011 Ad& 19 ABM 1016, Attorney for Plaintiff CHRISTOPHER D. * COURT OF COMMON PLEAS WEIDENHAMMER * CUMBERLAND COUNTY, V. * PENNSYLVANIA THOMAS G. PAINTER and CATHY D. PAINTER CIVIL ACTION- AT LAW * No * /d - S"5/ l D C N,.i NOTICE -(rM YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims s t forth in the following pages, you must take action within twenty (20) days after this Co plaint and Notice are served, by entering a written appearance personally or by attorne y 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 a nd 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO W. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYE R. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER EGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED' FEE OR NO FEE. L LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY ASSOCIATION 325 Bedford St. Carlisle, PA 17013 8???. Qc 1-800-990-9108 (717) 249-3166 BAR f,- d#, 3 43 U y0fr to 7 AV/SO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de h is demandas que se presentan mas adelante en las siguientes paginas, debe tom raccion dentro de los proximos veinte (20) dias despues de la notificacion de esta Dema da y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las deman as presentadas aqui en contra suya. Se /e advierte de que si usted falla de tomar a cion como se describe anteriormente, e/ caso puede proceder sin usted y un fallo po cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacio o remedio solicitado por el demandante puede ser dictado en contra suya por la C rte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO 1NMEDIATAME TE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE /NFORMACION A CERCA DE COMO CONSE UIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POS/BLE QUE ESTA OFICINA LE PUEDA PROVEER /NFORMA- C/ON SOBR AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO C TO A PERSONAS QUE CUALIFICAN. SERVIC/O DE REFER/DO A ABOGADO COLEG/O DE ABAGADODEL CONDADO DE CUMBERLAND ABOGAC/A DEL CONDADO Dr CUMBERLAND 325 Bedford St. Carlisle, PA 17013 1-800-990-9108 717-249-3166 8 Darrell C. Dethlefs, Esquire ID #58805 Trudy A. Marietta Mintz, Esquire ID # 208523 The Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 Tmariettamintz&dcdl aw.net Attorneys for Plaintiff CHRISTOPHER D. * COURT OF COMMON PLEAS WEIDENHAMMER * CUMBERLAND COUNTY, V. * PENNSYLVANIA THOMAS G. PAINTER and CATHY D. PAINTER CIVIL ACTION- AT LAW * No. COMPLAINT AND NOW, COMES the Plaintiff, CHRISTOPHER D. WEIDENHAMMER by and through his attorneys, The Dethlefs-Pykosh Law Group, LLC by Darrell C. Dethlefs, Esquire and Trudy A. Marietta Mintz, Esquire, to make this Complaint and for cause states as fol?ows: i 1. The Plaintiff, Christopher D. Weidenhammer, is an adult resident of the Commonwealth of Pennsylvania, residing at 3 Farm House Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Thomas G. Painter is an adult resident of Cumberland last known address of 75 Nittany Drive, Mechanicsburg, Cumberland Pennsylvania 17055. , with a 1 3. The Defendant, Cathy D. Painter, wife of Thomas G. Painter, is an adult resident of Cumberland County, with a last known address of 75 Nittany Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about May 24, 2006, Plaintiff Christopher D. Weidenhammer contracted with Defendants Thomas G. Painter and Cathy D. Painter for the loan of Twenty-t?vo Thousand Dollars ($22,000.00), with interest rate of nine (9) percent per annum, to be paid in consecutive monthly installments in the amount of $177.03 per month' beginning July 1, 2006, a copy of which contract is attached hereto and made la part hereof as Plaintiff s Exhibit A. 5. Per the Note attached as Plaintiff's Exhibit A, payments of $177.03 are due on the first of every month beginning July 1, 2006 and each monthly payment is duel and payable on the first of each month thereafter. All payments not received by the end of fifteen (15) calendar days from the due date are subject to a Late Charge ini the amount of five (5) percent of the overdue payment. 6. The loan from Plaintiff to Defendants was secured by a mortgage on real property at 75 Nittany Drive, Camp Hill, Cumberland County, Pennsylvania, 17011 and recorded in the land records of said County on or about May 30, 2006 in Book 1952 Page 1255. COUNT I - BREACH OF CONTRACT 7. Plaintiffs incorporate and make a part of this Count paragraphs 1 through 6 of this Complaint as if fully set forth herein. 2 8. Defendants accepted Plaintiffs' aforementioned terms of a loan of Twenty-two thousand dollars ($22,000.00) and formed a contract for payment by those terms by signing the Note attached as "Exhibit A." 9. Defendants indicated their assent to the terms of the contract and their intent t repay 10. 11 12 13 the loan as agreed by their notarized signatures on the contract previously Plaintiff s Exhibit A. as Defendants failed to make the payments required by the Note. Plaintiff made several demands for timely payment and at no time forgave the amount of the debt due and owing as agreed per contract. Additionally, Plaintiff at n time waived or forgave interest or late charges as agreed per contract. Defendants have failed to respond to Plaintiff's repeated demands for payment. As demonstrated by Plaintiff s Exhibit A, Defendants owe Plaintiff $22,000.00 plus interest and late charges. WHEREFORE, Plaintiff Christopher D. Weidenhammer respectfully judgment on the Note in the amount of $22,000.00 plus interest at a rate of nine (9) percent per annum and late fees at a rate of five (5) percent, plus costs and attorney fees. COUNT II - CONVERSION 14. Plaintiffs incorporate and make a part of this Count paragraphs 1 through 13 ?f this Complaint as if fully set forth herein. 15. As more particularly described herein, Defendants failed to repay funds from the Plaintiff as per the terms of the aforementioned contract. 3 16. Defendants, in retaining the funds received from Plaintiff and failing to repay as per their agreement, deprive Plaintiff of possession of property without legal justi icatio and without Plaintiff s consent. 17. Plaintiff provided funds to Defendants with the express and unambiguous that they be repaid on a specific schedule and with specific interest percentages and late charge amounts and in no way implied that the funds were provided gratuitously. 18. The inaction of Defendants, specifically their refusal to respond to Plaintiff's attempt, to contact them, are, upon information and belief, deliberately taken with the intentional result being an interference with Plaintiff's right to their property, the aforementioned funds. 19. Defendants' refusal to entertain Plaintiff s numerous demands for payment evidences their intent to continue exercising control over the funds rightfully belonging to Plaintiffs. WHEREFORE, Plaintiff Christopher D. Weidenhammer respectfully judgment on the Note in the amount of $22,000.00 plus interest at a rate of nine (9) percent per annum and late fees at a rate of five (5) percent, plus costs and fees. COUNT III - UNJUST ENRICHMENT 20. Plaintiffs incorporate and make a part of this Count paragraphs 1 through 19 c Complaint as if fully set forth herein. 21. Defendants, on or about May 24, 2006, received a loan for twenty-two dollars ($22,000.00) from Plaintiff. 22. Defendants failed to repay the $22,000.00 to Plaintiff. f this 4 23. Defendants failed to provide the agreed upon benefit to the Plaintiffs in the form of nine (9) percent interest on the loan. 24. Plaintiff is precluded from foreclosing on the property securing the loan duet a superior mortgage on the property. 25. Defendants, if allowed to avoid payment of the loan to Plaintiff due to Plaintiff's inability to foreclose, will be unjustly enriched in the amount of $22,000.00. WHEREFORE, Plaintiff Christopher D. Weidenhammer requests judgment on the Note in the amount of $22,000.00 plus interest at a ate of nine (9) percent per annum and late fees at a rate of five (5) percent, plus cos and attorney fees. COMPULSORY ARBITRATION Pursuant to Pa. R.C.P. 1021(c), the amount claimed as damages by Plaintiff does exceed the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff Christopher D. Weidenhammer respectfully requests that this Honorable Court grant judgment in the amount of/$22,p00.00 plus interest, late and cost of suit. By DARRIELr C. DETHLEFS, Esq. PA ID # 58805 TRUDY A. MARIETTA MINTZ, PA ID # 208523 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorneys for Plaintiff 5 Darrell C. Dethlefs, Esquire ID #58805 Trudy A. Marietta Mintz, Esquire ID 4 208523 The Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 'I'mariettamintz a)dcdlaw.net Attorney for Plaintiff CHRISTOPHER D. * COURT OF COMMON PLEAS WEIDENHAMMER * CUMBERLAND COUNTY, V. * PENNSYLVANIA THOMAS G. PAINTER and CATHY D. PAINTER CIVIL ACTION- AT LAW No. , * VERIFICATION I, Christopher D. Weidenhammer, hereby verify that the statements of fact made in the foregoing Complaint, 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 unsworn falsification to authorities. Date: Christopher D. Weidenhammer 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Christopher D. Weidenhammer vs. JC Barr Properties (et al.) t. K . F' . QFFr1-'E 'nF i=11_-t 0", -0I ICE C TI-1E `':T,O t 11 110N0TARY 4 0c ??3 8: 0 rU'19LT A'110 C0U?4 i" Case Number 2010-5410 SHERIFF'S RETURN OF SERVICE 08/26/2010 02:00 PM - William Cline, Corporal, who being duly sworn according to law, states that on August 26, 2010 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: JC Barr Properties, by making known unto Cathy Painter, Executive Assistant for JC Barr Properties at 3100 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy he same. IL JAM CLINE, DEPUTY 09/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Thomas G. Painter, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Thomas G. Painter. Current owner of 555 Lexington Avenue, Mechanicsburg, PA 17055 advised Deputies Thomas G. Painter has not resided at this location in three years. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for Thomas G. Painter. SHERIFF COST: $71.94 September 17, 2010 SO ANSWERS, I w- 6271---'-'- RON R ANDERSON, SHERIFF `c ccunivSuite Shenff TFleasss.ft ?n;;_ CHRISTOPHER D. WEIDENHAMMER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THOMAS G. PAINTER and No: 10-5410 CATHY D. PAINTER Defendants PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly dismiss this action without prejudice. Respectful itted cz Darrell "thlefs, Esquire Dethlefs-Pykosh Law Group Attorney Id. No. 58805 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 F.,.., C--) r co r?