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Home My WebLink About10-6871ROBERT C. MARTIN, JR., IN THE COURT OF COMMON PLEAS OF 222 Burd Coleman Road, CUMBERLAND COUNTY, PENNSYLVANIA Cornwall, PA 17016, Plaintiff V. No. (D 6-7 ANN AUXER, CIVIL ACTION - EQUITY AND LAW 4135 Kittatinny Drive, Mechanicsburg, PA 17050, Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE 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 (800) 990-9108 -,?' -c-? rv Co w av (z) i/fa. 00 ?d a #Y "?:4 63.!5-/ 12- #-?-s 03 *T AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dfas despues de la notificaci6n de esta Demanda 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 demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 S ILLIA P.C. l2$U y Dated: B van C. Pappas, LD. #200 3 Ryan P. Siney, I.D. #209190 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff ROBERT C. MARTIN, JR., 222 Burd Coleman Road, Cornwall, PA 17016, Plaintiff V. ANN AUXER, 4135 Kittatinny Drive, Mechanicsburg, PA 17050, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ` C1 ?7 C '?` r CIVIL ACTION - EQUITY AND LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES Plaintiff, Robert C. Martin, Jr., by and through his attorneys, Shumaker Williams, P.C., to respectfully state and aver the following Complaint against Ann Auxer, and in support thereof states the following: PARTIES 1. Plaintiff, Robert C. Martin, Jr. ("Martin"), is an adult individual with a residence address of 222 Burd Coleman Road, Cornwall, Pennsylvania 17106. 2. Defendant, Ann Auxer ("Auxer"), is an adult individual with a last known residence address of 4135 Kittatinny Drive, Mechanicsburg, PA 17050. FACTS 3. On or about June 30, 2009, Auxer entered into a written agreement with Martin whereby Martin loaned Auxer the sum of $3,800.00 in order for Auxer to pay her mortgage and car loan. A copy of the June 30, 2009 agreement is attached hereto as Exhibit "A." 4. Under the terms of the June 30, 2009 agreement, Auxer agreed to repay Martin the principal amount plus interest in monthly installments of $150.00 for approximately 36 months. 5. On or about October 9, 2009, Auxer entered into a second written agreement with Martin whereby Martin loaned Auxer the sum of $3,000.00 in order for Auxer to pay her mortgage. A copy of the October 9, 2009 agreement is attached hereto as Exhibit "B." 6. Under the terms of the October 9, 2009 agreement, Auxer agreed to repay Martin the principal amount plus interest by making bi-weekly payroll deductions directly into Martin's bank account in the amount of $150.00 for approximately 36 months. 7. Auxer's bi-weekly payments to Martin were to continue until both the June 30, 2009 and August 9, 2009 loans were paid in full. 8. In addition to the June 30 and October 9, 2009 written agreements between Martin and Auxer, Martin provided Auxer with various loans in the form of cash to Auxer or by making payments directly to Auxer's creditors in order for Auxer to meet monthly mortgage payments, phone bills, car payments, and other utilities. 9. Auxer agreed that these additional loans were to be repaid by Auxer to Martin. 10. The cash loans made by Martin to Auxer were as follows: (a) March 31, 2009 in the amount of $200.00; (b) April 3, 2009 in the amount of $61.90; (c) April 23, 2009 in the amount of $150.00; (d) May 4, 2009 in the amount of $120.00; (e) May 12, 2009 in the amount of $82.86; (f) August 3, 2009 in the amount of $20.00; (g) August 24, 2009 in the amount of $20.00; (h) September 15, 2009 in the amount of $50.00; 2 (i) October 13, 2009 in the amount of $20.00; 0) November 19, 2009 in the amount of $494.00; (k) December 31, 2009 in the amount of $678.88; (1) February 19, 2010 in the amount of $1,712.00; (m) February 24, 2010 in the amount of $115.00; (n) March 21, 2010 in the amount of $340.00; (o) March 24, 2010 in the amount of $120.00; (p) April 4, 2010 in the amount of $200.00; (q) April 8, 2010 in the amount of $80.00; (r) April 12, 2010 in the amount of $200.00; (s) April 22, 2010 in the amount of $117.01; (t) April 25, 2010 in the amount of $150.00; (u) May 4, 2010 in the amount of $300.00; (v) May 5, 2010 in the amount of $100.00; (w) May 27, 2010 in the amount of $347.18 (x) July 2, 2010 in the amount of $49.00; and (y) July 7, 2010 in the amount of $200.00. 11. Marti n incurred bank penalties in the amount of $50.00 for direct deposits which were not made by Auxer and which caused Martin to incur insufficient funds penalties and which penalties Auxer agreed to reimburse Martin. 12. To date Auxer has only repaid Martin the amount of $1,950.00. 13. The total outstanding amount currently due and owing from Auxer to Martin is 3 14. Despite repeated demands by Martin, Auxer has failed or refused to make any payments to Martin since February 4, 2010. COUNTI BREACH OF CONTRACT 15. The averments of paragraphs 1 through 14 above are incorporated herein by reference as if set forth in their entirety. 16. Martin and Auxer entered into written agreements whereby Martin loaned Auxer money in order for Auxer to pay her mortgage and car payments. See Exhibits "A" and "B." 17. The agreements which were executed by Auxer required Auxer to make monthly and/or bi-weekly payments in the amount of $150.00 to Martin. 18. The total amount loaned by Martin to Auxer was $12,727.83. 19. Auxer made payments under the agreements in the amount of $150.00 on October 22, 2009, November 5, 2009, November 19, 2009, December 4, 2009, and December 17, 2009. 20. Auxer made an additional payment under the agreement in the amount of $300.00 on February 2, 10 10. 21. Auxer repaid the total amount of $1,950.00 under the agreements. 22. Auxer has failed to make any payments under the written or oral agreements since February 4, 2010. 23. The amount of $10,827.83 remains unpaid as of the date of the filing of this Complaint. 24. Auxer's failure to make the $150.00 monthly and/or bi-weekly payments to Martin is a breach of the terms of the agreements entered into between the parties. 4 25. Auxer's failure to continue making payments to Martin for the additional cash loans provided to her by Martin is a breach of the terms of their oral agreements. 26. As a result of these breaches, Martin has suffered damages in the amount $10,827.83, plus interest, costs of suit and attorneys' fees. WHEREFORE, Plaintiff, Robert C. Martin, Jr., respectfully requests this Honorable Court to enter judgment in his favor and against Defendant, Ann Auxer, in the amount of $10,827.83, plus interest, costs of suit, attorneys' fees, and any additional relief this Honorable Court deems appropriate. COUNT II UNJUST ENRICHMENT 27. The averments of paragraphs 1 through 26 above are incorporated herein by reference as if set forth in their entirety. 28. Martin loaned the total amount of $12,727.83 to Auxer which loans have not been repaid by Auxer. 29. Auxer accepted and retained the money loaned to her by Martin and Auxer has retained the benefits of such money. 30. Auxer retained a benefit by her acceptance of such funds. 31. Due to Auxer's promise to repay the amounts loaned to her by Martin, it would be inadequate for Auxer to retain the benefits of those loans without making repayment to Martin. 32. Due to Auxer's failure to make the monthly and/or bi-weekly payments as required by the June 30, 2009 and October 9, 2009 agreements and the oral agreements, Auxer has been unjustly enriched in the amount of $10,827.83. 5 WHEREFORE, Plaintiff, Robert C. Martin, Jr., respectfully requests this Honorable Court to enter judgment in his favor and against Defendant, Ann Auxer, in the amount of $10,827.83, plus costs, interest, attorneys' fees, and any additional relief this Honorable Court deems appropriate. Respectfully Submitted, SHU KER WILLIAMS P.C. Dated: [OCAS 2bk? By Evan C. Pappas, I.D. #2001 3 Ryan P. Siney, I.D. #209190 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :230419 6 I Robert Martin am lending Ann Auxer $ 3,800.00 dollars on 06/30109 to pay her mortgage and her car payment. Ann Auxer agrees to pay Robert Martin a minimum of $ 150.00 monthly until the Principal Loaned plus interest is reimbursed. If Ann Auxer defaults on these payments Robert Martin will attach a lien to her home located at 4135 Kittatinny Drive, Mechanicsburg, PA 17050. If Ann Auxer chooses to pay the minimum payment the length of the loan will be approximately 36 months. (35.5 months) If Ann Auxer pays more monthly this will minimize the number of months that the loan will be in effect. This Payment is due by the 15'" of the month. 1,w' ---- 1L L - --- - t-0 - -- Borrower Lender Date Date c? a Exhibit "A" I Robert Martin am lending Ann Auxer $ 3,000.00 dollars on 10/09/09 to pay her mortgage. Ann Auxer agrees to pay Robert Martin By means of a payroll deduction and direct deposit into RCM's account in the amount of $ 150.00 bi-weekly until the this loan and the loan given to Ann on 06/30/09 plus interest has been reimbursed. If Ann Auxer defaults on these payments Robert Martin will attach a lien to her home located at 4135 Kittatinny Drive, Mechanicsburg, PA 17050. If Ann Auxer chooses to pay the minimum payment the length of the loan will be approximately 36 months. From this date. (35.5 months) If Ann Auxer pays more monthly this will minimize the number of months that the loan will be in effect. Borrower Date Lender - Date Exhibit "B" VERIFICATION The undersigned, Robert C. Martin, Jr, hereby verifies and states that: I . He is the Plaintiff in the within action; 2. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and 3. He is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Dated: ?tJ -By: --? obert C. M#211 Jr. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff C3 Jody S Smith Chief Deputy 2PI - M Richard W Stewart Solicitor q Ed S n T.?c `:4 ?r +3 Robert C. Martin, Jr. Case Number vs . Ann Auxer 2010-6871 SHERIFF'S RETURN OF SERVICE 11/19/2010 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: Ann Auxer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Ann Auxer. The current resident of 4135 Kittatinny Drive, Mechanicsburg, PA 17050 is the defendant's ex father in law. He advised Deputies, Ann Auxer is thought to be residing Liverpool, Pennsylvania. However, The Mechanicsburg Postmaster is still delivering Ann Auxer's mail to 4135 Kittattinny Drive, Mechanicsburg, PA 17050. SHERIFF COST: $42.44 November 19, 2010 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF ou :<..qs? t r.? ?°r. ? soCt. lint. ROBERT C. MARTIN, JR., Plaintiff V. ANN AUXER, Defendant c7 n a C? C ° n x IN THE COURT OF COMMO O F CUMBERLAND COUNTY, P SY. V r-M -4C3 No. 2010-6871 Civil vn _ x° °M CIVIL ACTION - EQUITY AI A)& JURY TRIAL DEMANDED < PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above-captioned matter. SHE I WII.LI S, C. Dated: December 1, 2010 By Evan C. Pappas, I.D. #200103 Ryan P. Siney, I.D. #209190 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :236198 y /4.00 f?t'Al C'k Or ? ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FI1 EC-;; F/ Sheriff Tf? FT,r? t?fir Jody S Smith Chief Deputy Richard W Stewart Solicitor Robert C. Martin, Jr. vs. Ann Auxer ?r ?LQ 2r c-itI . LIMB " S 1Yi'4 3 1?1K l/} Y9 Case Number 2010-6871 SHERIFF'S RETURN OF SERVICE 12/02/2010 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: Ann Auxer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 12/07/2010 01:00 PM - Perry County Return: And now December 7, 2010 at 1300 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ann Auxer by making known unto herself personally, at 608 N. Market Street, Liverpool, Pennsylvania 17045 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 December 13, 2010 SO ANSWERS, RONI` R ANDERSON, SHERIFF Robert C. Martin Jr. IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Ann Auxer No. 2010-6871 Cumberland Co. SHERIFF'S RETURN And now December 7 , 2010: Served the within name Ann Auxer the defendant(s) named herin, personally at her place of residence in Liverpool Boro-608 N. Market St. Liverpool, PA Perry County, PA, on December 7 , 2010 at 1:00 o'clock PM by handing to Ann Auxer, Defendant 1 true and attested copy(ies) of the within Complaint and made known to her the contents thereof Sworn and subscribed to before me this day of P-rethonotary C oMMON ACTWOF PENNSYLVANIA OTAFCIAL SEAL JOY S. MRANCE, NOTARY PUBLIC NEW BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES MARCH 6, 2014 So answers Deputy Sheriff of Perry County