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HomeMy WebLinkAbout10-6923SHERIFF'S OFFICE OF CUMBERLAND Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Robert Allen Hinkle (et al.) vs. Bryce A. Myers (et al.) SHERIFF'S RETURN OF SERVICE 11/02/2010 05:47 PM - William Cline, Corporal, who being duly sworn according to law, states that on November 2, 2010 at 1247 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Cindy Lee Myers, by making known unto Kevin Duffy, adult in charge at 37 Shepherd Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at thsame time handing to him personally the said true and correct copy of the same. SIC CLINE, D 11/02/2010 05:47 PM - William Cline, Corporal, who being duly sworn according to law, states that on November 2, 2010 at 1247 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Bryce A. Myers, by making known unto Kevin Duffy, adult in charge at 37 Shepherd Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. A - U NTY Case Number 2010-6923 SHERIFF COST: $55.24 SO CLINE, DEPUTY November 04, 2010 RONNY R ANDERSON, SHERIFF .. r Ms - ;c Ceic-r;.5uit? ?h2r'f, T'2<:.csot: !?i?. ROBERT A. HINKLE and LUANN HINKLE, Plaintiffs V. BRYCE A. MYERS and CINDY L. MYERS, Defendants . tyF : THE COURT OF COA : CUMBERLAND COU: NO. 2010 - 6923 CI` CIVIL ACTION - LAI NOTICE TO DEFEND You have been sued in court. If you wish to defend against IN PLEAS OF , PENNSYLVANIA TERM claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally orb attorney and by 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 judgment may be entered against you by the court without further notice for any money claim d 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 LAWY R AT ONCE. IF YOU DO NOT HAVE -A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH FORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, HIS OFFICE MAY BE ABLE TO PROIVDE YOU WITH INFORMATION ABOUT IGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A EDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 WE ARE A BE Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required Americans with Disabilities Act of 1990. For information about accessi accommodations available to disabled individuals having business before office. All arrangements must be made at least 72 hours prior to any hearing You must attend the scheduled conference or hearing. oy law to comply with the ile facilities and reasonable ie court; please contact our or business before the court. 2 ROBERT A. HINKLE and LUANN HINKLE, Plaintiffs V. BRYCE A. MYERS and CINDY L. MYERS, Defendants : THE COURT OF CO) : CUMBERLAND COU NO. 2010 - 6923 CI1 CIVIL ACTION - LAI COMPLAINT AND NOW9 this _ day of November, 2010, comes t HINKLE and LUANN HINKLE, Husband and Wife, by and throug McKnight, P.C. and make the following Complaint against the Defen and CINDY L. MYERS, averring as follows: 1. Plaintiffs, Robert A. Hinkle and Luann Hinkle, are adu Shepherd Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant Cindy L. Myers is an adult individual now Shepherd Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant Bryce A. Myers is the son of Defendant Cir adult individual now or formerly residing at 37 Shepherd Road, Nev Pennsylvania 17241. 4. Defendant Cindy L. Myers formerly owned the real Road, Newville, Pennsylvania (hereinafter the "Property"), with her Myers. 5. In 2009, Defendant Cindy L. Myers and her former divorce proceedings, had fallen behind in their mortgage obligati4 and were facing a foreclosure action by Washington Mutual Bank Docket No. 2008 - 3342. ON PLEAS OF Y, PENNSYLVANIA TERM Plaintiffs, ROBERT A. their attorneys, Irwin & BRYCE A. MYERS individuals residing at 29 formerly residing at 37 L. Myers, and is also an Cumberland County, located at 37 Shepherd husband, Steven W. were involved in secured by the Property, ed at Cumberland County 6. To assist the Defendants, Plaintiffs loaned sufficient) satisfy the mortgage deficiency, stop the foreclosure action, make c payments, and purchase Christmas gifts. 7. As part of the agreement with Defendants, Plaintiff; retirement fund or account in the name of Plaintiff Luatin Hinkle, savings account, and obtained a certified check payable to "Washingt of $16,051.68. True and correct copies of the certified check dated T payable to "Washington Mutual" in the amount of $16,051.68, as well Plaintiff Robert A. Hinkle, are attached hereto and incorporated herein 8. At the time of payment of the mortgage deficiency by P the parties would later sign documentation evidencing the loans at terms. funds for Defendants to monthly mortgage withdrew funds from a ted said funds into a Mutual" in the amount -ch 30, 2009, and made > bank receipt signed by Exhibit "A." iffs, it was agreed that establishing repayment 9. At the time of payment of the mortgage deficiency by Plaintiffs, it was also understood that that Defendant Cindy L. Myers would retain ownership of the Property after her divorce thereby providing collateral for the repayment of the funds loaned by Plaintiffs. 10. As a direct and proximate result of the funds loaned y Plaintiffs, the mortgage deficiency was satisfied and the foreclosure judgment docketed at C Berland County Docket No. 2008-3342 was marked vacated. A true and correct copy of the Praecipe to Vacate Judgment filed on April 14, 2009 at Cumberland County Docket No. 2008-3342 is attached hereto and incorporated herein as Exhibit "B." 11. Defendant Cindy L. Myers was subsequently able t resolve and finalize her divorce and transfer the Property into her name. 12. One day later, Defendant Cindy L. Myers transferred of both Defendants and then obtained a new mortgage loan. A true recorded Deed for the Property dated September 24, 2009, is attach herein as Exhibit "C." Property into the name correct copy of the last hereto and incorporated 2 13. Despite repeated requests for Defendants to sign d repayment terms of the loaned funds and securing the interests of Defendants have failed and refused to respond to Plaintiffs. COUNT I - BREACH OF CONTRACT 14. cuments establishing the in the Property, The averments of paragraphs one (1) through thirteen (13) of this Complaint are made a part hereof and incorporated herein by reference. 15. Defendants have verbally acknowledged both the recei t of direct funds loaned to them and the benefit of monies paid on their behalf by Plaintiffs. 16. Defendants have also verbally acknowledged that laintiffs would incur tax liabilities and fees for the early withdrawal of retirement funds, and that Defendants would be responsible for said tax and fee consequences. 17. Despite repeated requests by Plaintiffs, Defendants ave refused and failed to either sign documents securing the interests of Plaintiffs in the Property, or to begin to repay to Defendants the expenses incurred by Plaintiffs or the monies loaned b Plaintiffs on behalf of the Defendants. 18. Defendants have breached their agreements with Plaintiffs by failing or refusing to either sign documents securing the interests of Plaintiffs in the Property, or to begin to repay the monies loaned by Plaintiffs. 19. In order to assist Defendants in retaining the Property and meeting their financial obligations, Plaintiffs have loaned the following monies and incurred the following expenses: Payment to Washington Mutual Bank $16,051.68 Income tax penalty for early withdrawal from Plaintiffs' retirement fund 3,0 5.00 Payment toward Defs.' monthly mortgage 570.00 Cash For 2007 and 2008 Christmas gifts 3 0.00 Filing Fees 2.00 Sheriff's Service Fees 1 0.00 TOTAL $209198.68 3 20. Despite repeated demands, Defendants continue documents securing the interests of Plaintiffs in the Property, or to loaned by Plaintiffs 21. Plaintiffs are entitled to certain damages, including expenses outlined above, as well as interest and any additional litigation. WHEREFORE, the Plaintiffs, Robert A. Hinkle and Luann that this Honorable Court enter judgment against Defendants in the One Hundred Ninety-Eight and 68/100 ($20,198.68) Dollars, plus interest, and all other and further relief that this Honorable Court de COUNT II - UNJUST ENRICHMENT 22. The averments of paragraphs one (1) through twenty-( are made a part hereof and incorporated herein by reference. refuse to either sign ;in to repay the monies not limited to, those associated with this e, respectfully request t of Twenty Thousand additional costs, late fees, fair and just (21) of this Complaint 23. Both Defendants accepted and actively used monies loaned by Plaintiffs and received the benefit of monies paid by Plaintiffs on behalf of the Defendants, by accepting cash from Plaintiffs and by directing Plaintiffs how and where payments should be made on behalf of the Defendants. 24. Plaintiffs conferred benefits on the Defendants by money needed to satisfy mortgage and other financial obligations and 25. Defendants have received the benefits of the money lc and profited thereby through the payment of mortgage and other them to borrow the organize their finances. to them by Plaintiffs, obligations. 4 26. It is and continues to be inequitable for Defendants to from Plaintiffs and the benefit of the paid obligations while failing Plaintiffs. 27. As a result of Defendants' failure to either sign doci of Plaintiffs in the Property, or to begin to repay the monies loaned incurred out-of-pocket expenses of at least $20,198.68, as well as at benefit of the use of the funds loaned to Defendants or paid on their 1 WHEREFORE, the Plaintiffs, Robert A. Hinkle and Luann that this Honorable Court enter judgment against Defendants in the ,etain the monies loaned refusing to reimburse nts securing the interests Plaintiffs, Plaintiffs have .ey fees, interest, and lost respectfully request of Twenty Thousand One Hundred Ninety-Eight and 68/100 ($20,198.68) Dollars, plus anyl additional costs, late fees, interest, and all other and further relief that this Honorable Court deems fair and just. Respectfully IRWIN & Mc KNIGHT, P.C. By: ' Douglas . Mille , Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsyly a 17013 (717) 249-2353 Dated: November, 2010 Attorney for Plain iffs 5 VERIFICATION The foregoing document is based upon information which counsel and ourselves in the preparation of this action. We have read document and they are true and correct to the best of our knowledge, understand that false statements herein made are subject to the penal 4904, relating to unworn falsification to authorities. ROBERT A. LYYANN been gathered by our statements made in this and belief. We of 18 Pa.C.S.A. Section Date: November 4, 2010 EXHIBIT "A" l ? .. ??noe_??sis • . .. zero fi . y oe - s I? `TNE ?aAS?",T?T?a`?flN IkZl7'•T'?.Z,t 1 i ?E?$? 1, A;N 6Astgi }?, 5.7l19111?? ,_ iN55'460,? ornpanv :SATE °y 7 9FFiClt?{. GNFGK v F ? tJE-C MER S27'Q..CD 11'0000? 12 144110-1.1:0 1 100 704 21:0 1EDO I; i 1 j I 1 y9; i ?. ER- 8 4" ?? 1S kA`-1,.r, r??i.?o r UNION. Walnut Bott om 1166 Walnut Bottom Road Carlisle P 17013 Inquiries a11: 717-249-4666 Acct XXXXX X946 HINKLE,LUANN Eff: 03/30 09 Date: 03/30/09 Tlr: 1721 - Time: 11:42am Withdrwl f rom REGULAR SAVINGS 00 Prev Bal: 17,073.41 Amount: 16,051.68 New Bal: 1,021.13 Seq: #224409 Check Disb ursed -16,051.68 WASHINGTO MUTUAL Ref rumba 00 417147 zed by ID Sourc : f?(1 Drv Li c SigCa d ? Known Other E-Statem nt Change! Starting March 1st eStateme is will include a full calendar month. Sign up today if you do not receive eStatements! LUANN H EXHIBIT "B" SHAPIRO & DeNARD , LLC BY: ILANA ZION, ESQ J IRE ATTORNEY I.D. NO: A Bar # 87137 3600 HORIZON DRIVE SUITE 150 KING OF PRUSSIA; PA 19406 TELEPHONE: (610)278- 6800 S & D FILE NO.08-03 008 JPMorgan Chase Bank,, National Association, successor in interest to ashington Mutual Bank fWa. Washington utual Bank, FA PLAINTIFF VS. Steven Wayne Myers Oa Steven W. Myers and Cindy Lee Myers a 4a Cindy L. Myers . DEFENDANTS TO THE PROTHOT Kindly mark the Jud without prejudice to COURT OF COMMON PLEAS CUMBERLAI?D COUNTY NO: 2008-3342 CIVIL TERM KY: entered on July 22, 2008 in the above iff. SHAPIRO & DENARDO, BY: Ilana Zion, action vacated 'F I, ILANA ZION, ES, correct copy of the m following parties via Steven Wayne Myers 111.6 Karen Drive Carlisle, PA 17013 Cindy Lee Myers aka 37 Shepherd Road Newville, PA 17241 CERTIFICATE OF SERVICE RE, hereby certify that Praecipe to Vacate class mail, postage prepaid: Steven W. Myers ,dy L. Myers I at on I (served a true and Mortgago oreclosure Judgment upon the I II I I I? I I i I I SHAPIRO & DENAROO, LLC BY: ILANA ZIO; Attorney for w ? ?? 4 a : .. ? u,, ?,,. -+? ' ' 3 ?{., ? . ? 6:, ??. ?-f3 ` ? i ...? EXHIBIT "C" `X\ This Deed MADE THE 24`h day of September in the year of our Lord (2009). BETWEEN CINDY L. MYERS, married woman, of Cumberland GRANTOR herein, A N VI!?i01VUwd?V PARCEL NO. 30-1$-1683-051 D CINDY L. MYERS, married woman, and BRYCE A Cumberland County, Pennsylvania, GRANTEES herein. thousand and nine , Pennsylvania, , single man, of WITNESSETH, that in consideration of ONE AND XX/I00 ($1'.00 Dollar, in hand paid, the receipt whereof is, hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, as joint tenants with the right of survivorship. ALL THAT CERTAIN tract or lot of land situate in Nort Newton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at a point on the northern dedicated right-of-way li e of Carlisle Avenue (T-403) at the dividing line of Lot #24 and Lot #23, said point also being located 113.28 feet east of the eastern extremity of an arc connecting the northern dedicated right-of-way line of Carlisle Avenue (T-403) and the eastern dedicated right-of-way line of James Drive; THENCE by line of Lot #23 North 23 degrees 29 minutes 09 seconds West 100.00 feet to a point on line of lot #22; thence by line of Lots #22 and #2 North 66 degrees 30 minutes 51 seconds East 112.03 feet to a point; thence by lands now or formerly of Greg R. and Mary H. Shade South 24 degrees 45 minutes 00 seconds East 100.02 feet to a point; thence by the northern dedicated right-of-way line of Ca lisle Avenue (T-403) South 66 degrees 30 minutes 51 seconds West 114.23 feet to a point, the place of BEGINNING. CONTAINING 11,313 square feet. BEING Lot #24 of the: Final Subdivision Plan of North Newton RECORDED in Plan Book 66, Page 97, on August 9, 1993. Phase I. i-f it 9nnaa?Ja3 - Pang. 1 of 4 I do hereby certify that the precise residence and complete the ti 'thin named grantee is 37 Shepherd Road, Ney? ??ra,?le, PA 1724; office address of Attorne for C`?11 Inct.# 9no933743 - Paae 2 of 4 1 BEING the same premises which Steven Wayne Myers and Cin, and wife, by deed dated the 23rd day of September, 2009, and reco Recorder of Deeds for Cumberland County to Instrument No. granted and conveyed onto Cindy Lee Myers, GRANTOR herein. The within conveyance is between parent and child and, realty transfer tax. IN WITNESS VNEREOF, said grantor has hereunto set day and year first above written. Signed, Sealed and Delivered in the Presence of c } A C-c-r CINDY Commonwealth of Pennsylvania) ) SS. County of 'U,?n b,? t Q a ) On this, the J'I =f` day of ?4 fer r\&^ , 2009, be) officer, personally appeared CINDY L. WERS, known to me to be the person whose name is subscribed to the within instrur that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Lee Myers, husband ed in the office of the exempt from hand and seal the (SEAL) me, the undersigned satisfactorily proven) it, and acknowledged seal. -jjdTNH LL SEAL RpR4N !. &USES1 Notary Public C011?1r ANAU/aRODUN, coU MV Con?mi01M.Expiros Apt 17, 2011 incr * 9nn4337d3 - Pana 3 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200933743 Recorded On 9/30/2009 At 2:24:43 PM x Instrument Type - DEED Invoice Number - 53359 User ID - AF * Grantor - MYERS, CINDY L * Grantee - MYERS, CINDY L * Customer - GRIFFIE * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 BIG SPRING SCHOOL $0.00 DISTRICT" NORTH NEWTON TOWNSHIP' $0.00 TOTAL, PAID $48.50 * Total Pages - 4 Certification Page DO NOT DETACH This pa a is now part of this 1 dal document. I Certify this to in Cumberland recorded unty PA ct% ctry? -e 4 ° RECORDER O D DS - Information denoted by an the verification process and isk may change during not be reflected on this Page. 01 111111111111111111111 M-+ i! 91)n4337a3 - Pane 4 of 4 1 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have of the foregoing document upon the persons indicated below by postage paid in Carlisle, Pennsylvania 17013, on the date set forth BRYCE A. MYERS CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 a true and correct copy class United States mail, Date: November 4, 2010 IRWIN & McKNXGHT, P.C. Douglas Of. Mill, Supreme Court I. West Pomfret Pr( 60 West Pomfret Carlisle, Pennsyl (717) 249-2353 Esquire No. 83776 bssional Building 17013-3222 ROBERT A. HINKLE and LUANN HINKLE, Plaintiffs V. BRYCE A. MYERS and CINDY L. MYERS, TO THE PROTHONOTARY: C'? ry C v rn C Z RI S ? . : THE COURT OF COMMON PLEF ` ' rn -0 I : CUMBERLAND COUNTY, PENN VAN W, , NO. 2010 - 6923 CIVIL TERM ? CIVIL ACTION - LAW N . Please enter judgment by default in favor of the Plaintiffs, Robert A. Hinkle and Luann Hinkle, and against the Defendants, Bryce A. Myers and Cindy L. Myers, for their failure to file an Answer to the Complaint within the required time. The Complaint contains a notice to defend within twenty (20) days from the ate of service thereof. The Defendants were served with a copy of the Writ of Summons on No ember 2, 2010, and were mailed copies of the Complaint on November 4, 2010. Attached as Exhibit "A" is a copy of Plaintiffs' written Notice pursuant to Rule 237.1 of the intention to file a praecipe for entry of default judgment, which I certify was mailed by regular mail to the Defendants at their current dress on November 26, 2010, which date is at least ten (10) days prior to the filing of this Praecipe. Please assess damages in complaint, together with any appli amount of $20,198.68, being the amount demanded in the costs and subsequent interest. Respectively submitted, Date: December 7, 2010 IRWIN & McKNIGHT, P.C. By: v AAA JUJA Douglas G filler, Esquire Supreme Court I.D. No 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for Plaintiffs ???5 a/3Fl t1 EXHIBIT "A" ROBERT A. HINKLE and LUANN HINKLE, Plaintif V. BRYCE A. MYERS and CINDY L. MYERS, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 6923 CIVIL TERM CIVIL ACTION - LAW To Defendants: BRYCE A. MYERS CINDY 14. MYERS 37 Shep erd Road Newville PA 17241 Date of Notice: N YOU ARE IN DEF. WRITTEN APPEARANCE WRITING WITH THE C1 CLAIMS SET FORTH AGA FROM THE DATE OF THIS YOU' WITHOUT A HEARD IMPORTANT RIGHTS. YOU SHOULD TAKI NOT HAVE A LAWYER, BELOW. THIS OFFICE HIRING A LAWYER. IF YOU CANNOT A ABLE TO PROVIDE YOU OFFER LEGAL SERVICES FEE. 26, 2010 IMPORTANT NOTICE /*/I :. 1 ,41 a ULT BECAUSE YOU HAVE FAILED TO ENTER A PERSONALLY OR BY ATTORNEY AND FILE IN URT YOUR DEFENSES OR OBJECTIONS TO THE NST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST J AND YOU MAY LOSE YOUR PROPERTY OR OTHER THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO :O TO OR TELEPHONE THE OFFICE SET FORTH ;AN PROVIDE YOU WITH INFORMATION ABOUT RD TO HIRE A LAWYER, THIS OFFICE MAY BE H INFORMATION ABOUT AGENCIES THAT MAY ELIGIBLE PERSONS AT A REDUCED FEE OR NO nberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 IRWIN & McKNIGHT, AjJLA P.C..By: Douglas GQMiller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs TE OF I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, 17013, on the date set forth below: BRYCE A. MYERS CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Date: December 7, 2010 IRWIN & McKNIGHT, P.C. Dou"1g as G#Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353