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Home My WebLink About02-0153COMMON%VEALTH OF PENNSYLVANIA / i//~0~' COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O4~" ~ NOTICE OF APPEAL Notice is given that the appe#ant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned belo~ Robin Lynne Clemins Gayle A. Elder Central Penn, Box 5 ~e PA 17093 12/13/01 Scott j. Sprucebank ~ Robin Lynne Clemins CVLT19. ~ 0000302-01 ~R~ ~ //~~ This block will be signed ONLY when this notation is required under R£ . -I! apioe ~/ant was C/AIMANT (see Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a lO01( 6 ) in action before District Justice, heMUST SUPERSEDEA$ to the judgment for possesdon in this case FILE. A COMPLAINT witltin twenty (20) clays after fl#rig Dis NOTICE. o! APPEAL. Signature of Prothonotary or Deputy PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Scott J. Sp~'u~ , appellee(s), to file a complaint in this appeal ~ appellee(s) RULE: To Scott j, Sprucebank , omallee($). Nerne of appellees) (1) You are notified that a role is hereby entered upon you to file a complaint in this appeal within tw~ty (20) days after the date of service of Ifils rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDG/~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this role if service was by mail is the date of maili~ ~ ~ //~ ,. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WI THIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No, (date of service) , receipt attached hereto, and upon the appellee, (name) __ , 19 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 19 , [] by personal service [~] by (certified) (registered) mail. sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF __ 19 Signature of affiant , upon the District Justice designated therein on [] by personal service [] by (certified) (registered) mail, sender's , oFi Title of official My commi~,sion expires on ._ C COMMONWEALTH OF PENNSYLVANIA 'COUNTY OF: CUMBERLAND Mag. Dist. NO.: 09-3-05 DJ Name: Hon. ~Y~E A. ET.hER AOclress: 507 N. YORK ST. M~CHANICSBuKG, PA (717) 766-4=575 17055 ROBINL. CLEN~NS BOX 5,GALE HALL COLLEGE HILL ROAD SUMmit. DALE, PA 17093 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE P~INTIFF: NAME and ADDRESS ~PRUC~'R~J~TK, SCOTT J. ~ 436 SIOUX DRIVE MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME a~ ADDRESS FCLE~I~'NS, ROBIN LYNNE ~ BOX S,GALE HALL COLLEGE HILL ROAD ~UMMERDALE, PA 17093 U DocketNo.: CV-0000302-01 DateFiled: 10/16/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~] Judgment was entered against: (Name) in the amount of $ I: 1 ~;q _ 1 ~ ~ Defendants are jointly and severally liable. FOR PT~AINTIFF on: (Date of Judgment) (Date & Time) --] Damages will be assessed on: -'"[This case dismissed without prejudice. ~ Amount of Judgment Subject to AttachmentJAct 5 of 1996 $ [--~ Levy is stayed for days or [---] generally stayed. Amount of Judgment $ 1,13a--90 Judgment Costs $ 34.25 Interest on Judgment $ . O0 Attorney Fees $ . O0 Total $ 1,169.15 Post Judgment Credits $. Post Judgment Costs $. :ertified Judgment Total $ ['--~ Objection to levy has been filed and hearing will be held: ~-"¢~ ~'~ Place Date: : ~ ~ ~ : ~:u II Time: ~ c --" ANY PAR~ HAS THE RIGHT TO APPEAL WITHIN 30 DAYS A~ER THE ENTRY OF JUDGMENT BY ~NG~O~E OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. : Date ~,d' ~(~"~ d~-' -'~ , District Justice I certify that this is a true and correct copy of the record of the proceedings containing'the judgment. Date , District Justice My commission expires first Monday of Januaq, AOPC 315-99 2006 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER firing the notice of a COMMONWEALTH OF PENNSYLVANIA COUNTY OF CL]l[t~oe~la.P.c] ; ss AFFIDAVIT: I hereby swear or affirm that I served ; appT~able--~s) ..% [] a copy of the Notice of Appeal, Common Pleas No. 02-1.53 Ci'¢J.] , upon the District Justice designated therein on (date of service) ,.3'a_n_t~_ 14 ~ '~002 . , [] by personal service [] by (certified) (registered) moil, sender's receipt attached hereto, and upon the appellee, (name) _ Scoa. t: J, Sp['-uce]Da_,-3]( , on ~ , ~ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. ~[] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~'~:~n_t~_t-~ 1 4 ~ mail, sender's receipt attached hereto, SWORN,,,(AF~/~MED)AND~ SUBS,~RIBED BEFORE ME THIS /'~ _ DAY OF .~-~/ , , ~ 200,2[] by personal service J~ by (certified) (registered) ~¢~0,~ 7~ Signature of affiant SCOTT $. SPRUCEBANK, Plaintiff VS. ROBIN LYNNE CLEMENS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-153 CIVIL DISTRICT IUSTICE ACTION AFFIDAVIT OF SERVICE AND NOW, this 23'~ day of January, 2002, comes Marylou Matas, Esquire, Attorney for Defendant, and states that she mailed a Notice of Appeal and Praecipe to Enter Rule to File Complaint and Rule to File to the PlaintS, Scott J. Sprucebank, at his address of 436 Sioux Drive, Mechanicsburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on January 16, 2002. Sworn and subscribed _~ to before me this ~ ~ day of ,2002. N6'~ARY t~LIC Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Dkect Query - Intranet Page 1 of 1 This item was delivered on 01/16/2002 at 10:45. Signature: Address: Item Number; Inquire on multiple items. I Complete items 1, 2, and 3. Also complete itan 4 If Restrictecl Delivery is desired. · Print your name and address on the reverse ~ an that we can return the card to you. ~ Attach this ca~to tho back of the mail lacs , or off the fmnt~f space permits. P ' 1. Article A to: '-' t A. Received by (P/ease Print B. Date of ~lvety [] Agent PS Form 38 Domestic Return Receipt http://pts.usps.gov/netdat~WWWl~b~_z~z.uzv~rm~ 1/22/02 SCOTT J. SPRUCEBANK Plaintiff Vs. ROBYN LYNNE CLEMENS Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : DOCKET #02-153 : CIVIL ACTION : COMPULSORY ARBITRATION 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 LAVVYER 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. MidPenn Legal Services 717.243.9400 8 Irvine Row, Carlisle, PA 17013 139690 8 SCOTT J. SPRUCEBANK Plaintiff Vs. ROBYN LYNNE CLEMENS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : DOCKET #02-153 : CIVIL ACTION : COMPULSORY ARBITRATION AND NOW comes the Plaintiff, Scott J. Sprucebank, by and through his attorney, the offices of Shumaker Williams, P.C. and respectfully files this Complaint pursuant to an Appeal from a District Justice Judgment and in support thereof states as follows: Plaintiff is an adult individual who resides at 436 Sioux Drive, Mechanicsburg, Pennsylvania 17050. Defendant is an adult individual who resides at Central Pennsylvania College, Box 5, Gale hall, College Hill Road, Summerdale, Pennsylvania 17093. The Defendant requested monetary assistance from the Plaintiff to pumhase various items of personalty and assured the Plaintiff that she would reimburse him for the charges made to the account. 139690 1 The Defendant was provided the use of the PlaintifFs credit card pursuant to the aforesaid request. Plaintiff provided the aforesaid use of the credit card based upon the request of the Defendant and the assurance by the Defendant that the purchases made thereon would be reimbursed or repaid by Defendant. During the period from April 2000 to June 2000, the Defendant made the following charges to the Plaintiffs credit card account: a. 6-10-00 Reference #866 - SEARS $69.79 b. 6-10-00 Reference #153 - SEARS 68.88 c. 6-10-00 Reference #764 - BU Shoe Dept 176.93 d. 6-10-00 Reference #609 - TJ Max 908.70 e. 6-10-00 Reference #599 - TJ Max 330.70 f. 6-10-00 Reference #661 - TJ Max 79.44 g, 6-16-00 Reference #474 - Holiday Hair 11.13 h. 6-16-00 Reference #552 - Ashoka Boutique 55.11 i. 6-23-00 Reference #650 - Garrisons 25.00 j. 6-24-00 Reference #791 - Marshalls 33.74 k. 6-24-00 Reference #462 - BonTon 317.96 I. 6-24-00 Reference #082 - BonTon 38.49 m. 6-24-00 Reference #568 - TJ Max 100.94 n. 6-29-00 Reference 975 - Hecht's 52.99 o. 4-14-00 Reference 016 - Boscov's 109.12 139690 2 p. 4-14-00 Reference 024 - Boscov's 104.90 q. 5-22-00 Reference 335 - Boscov's 101.70 r. 5-22-00 Reference 343 - Boscov's 19.07 s. 5-22-00 Reference 350 - Boscov's 123.32 t. 5-22-00 Reference 368 - Boscov's 90.05 $2,806.96 After repeated demands for payment by Plaintiff, Defendant has failed and refused to provide reimbursement or payment pursuant to her premise. Plaintiff filed a District Justice Civil Action with District Justice Gayle Elder against Defendant, and paid $68.50 for filing fees and service costs. The District Justice found in favor of the Plaintiff in the amount of $1,169.15 inclusive of costs. 10. Defendant appealed from the District Justice Judgment on September 11, 2001, which was served on the Plaintiff on or about January 14, 2002. 139690 3 COUNT I BREACH OF CONTRACT 11. Paragraphs 1 through 10 are reavered and realleged as if set out in full herein. 12. Defendant made a promise to repay Plaintiff for charges made on Plaintiff's credit card account. 13. After repeated demands by Plaintiff to the Defendant, Defendant has failed and refused to pay the charges set forth above. 14. Defendant's actions are a Breach of her Agreement to pay the Plaintiff. 15. Based upon the Breach by the Defendant, the Plaintiff has suffered damages in the amount of $2,806.96 as set forth in paragraph 6 which is incorporated herein, and the filing fees for the Distdct Justice in the amount of $68.50. WHEREFORE, the Plaintiff requests that this Honorable court enter Judgment in his favor and against the Defendant in the amount of $2,806.96 together with the filing fee for the District Justice motion of $68.50 together with any additional relief that this court deems appropriate. Said amount is less than the amount requiring compulsory arbitration pursuant to Local Rule of Court. 139690 4 COUNT II QUANTUM MERIUT 16. Paragraphs 1 through 15 are reaverred and realleged as if set out in full herein. 17. Defendant purchased vadous items of personalty from the period of April 2000 to June 2000 on Plaintiffs credit card. 18. Defendant has been unjustly enriched and benefited since she has obtained title to various items of personalty totaling $2,806.96 without payment for the same. 19. Defendant should be required to reimburse Plaintiff for her unjust enrichment based upon the use of Plaintiffs credit card. WHEREFORE, the Plaintiff requests that this Honorable court enter Judgment in his favor and grant the Defendant in the amount of $2,806.96 together with the filing fee for the Distdct Justice motion of $68.50 together with any additional relief that this court deems appropriate. Said amount is less than the amount requiring Compulsory Arbitration pursuant to Local Rule of Court. Attorney ID#55895 SHUMAKER WILLIAMS, P.C. P O Box 88 Harrisburg, PA 17108 717.763.1121 139690 5 VERIFICATION I, Scott J. Sprucebank, individually, verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.So § 4904 relating to unsworn falsification of authorities. Scott J. Sprucebank 139690 7 CERTIFICATE OF SERVICE AND NOW, this i Z. day of February, 2002, I Anthony J. Foschi, Esquire, of the law firm of SHUMAKER WILLIAMS, P.C., hereby certify that this day I served a true and correct copy of the foregoing, upon the person stated below by depositing same in the United States Mail, postage prepaid, first class mail, on the date set forth: Marylou Matas, Esquire GRIFFIE & ASSOCIATES Attorney for Robyn Lynne Clemens 200 North Hanover Street Carlisle, PA 17013 717.243.5551 Anthony J. Foschi, Esquire P O Box 88 Harrisburg, PA 17108 717.763.1121 Attorney for Plaintiff 139690 6 SCOTT J. SPRUCEBANK, Plaintiff ROBYN LYNNE CLEMENS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02-153 CIVIL TERM : COMPULSORY ARBITRATION NOTICE TO PLEAD You are hereby notified to file a written response to the within Answer and New Matter within twenty days (20) days from service hereof or a judgment may be entered against you. SCOTT J. SPRUCEBANK, Plaintiff ROBYN LYNNE CLEMENS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-153 CIVIL TERM : COMPULSORY ARBITRATION ANSWER AND NOW, comes the Defendant, Robyn Lynne Clemens, by and through her attorney, Marylou Matas, Esquire, and the office of Griffie & Associates, and files this Answer: 1. Admitted. 2. Admitted. Denied. It is specifically denied that Defendant requested moneta~ assistance from Plaintiff to purchase various items of personalty. It is specifically denied that Defendant assured Plaintiffthat she would reimburse him for the charges made to the account. Admitted in part and denied in part. It is admitted that Defendant was provided the use of Plaintiff's credit card. It is specifically denied that use of Plaintiff's credit card was pursuant to Defendant's request. Denied. It is specifically denied that Plaintiff provided the use of the credit card based upon Defendant's request. It is specifically denied that Plaintiff provided the use of the credit card based upon Defendant's assurance that the purchases made thereon would be reimbursed or repaid by Defendant. Denied. After reasonable investigation, Defendant is without specific knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph. Specific proof is demanded at trial. Admitted in part and denied in part. It is admitted that Defendant has failed and refused to provide reimbursement to Plaintiff after his recent repeated demands for payment. It is specifically denied that Defendant promised to provide reimbursement to Plaintiff. Admitted. It is averred, however, that the proceedings before the District Justice are irrelevant to the instant de novo proceedings. Admitted. It is averred, however, that the proceedings before the District Justice are irrelevant to the instant de novo proceedings. 10. Admitted in part and denied in part. It is admitted that Defendant appealed from the District Justice Judgment. It is specifically denied that Defendant appealed from the District Justice Judgment on September 11, 2001. Rather, it is averred that Defendant appealed from the District Justice Judgment on January 11, 2002. It is admitted that the Plaintiff was served with a notice of appeal on or about January 14, 2002. It is averred, however, that the proceedings before the District Justice are irrelevant to the instant de novo proceedings. BREACH OF CONTRACT 11. Defendant's answers to Plaintiffs Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. 13. 14. 15. 16. 17. 18. Denied. It is specifically denied that Defendant made a promise to repay Plaintiff for charges made on Plaintiff's credit card account. Admitted in part and denied in part. It is admitted that since Defendant .sought a Protection from Abuse action against Plaintiff he has demanded reimbursement for costs associated with the use of the credit card. It is denied that the demands were repeated as no demands were made prior to the Protection from Abuse litigation. Denied. It is specifically denied that Defendant's actions are a breach of her Agreement to pay Plaintiff, as no such agreement existed. Denied. It is specifically denied that Defendant committed a breach. It is specifically denied that Plaintiff has suffered damages in the mounts as stated. It is specifically denied under any circumstances that Plaintiff's entitled to reimbursement of District Justice fees. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiff's Complaint. QUANTUM MERIUT Defendant's answers to Plaintiff's Paragraphs 1 through 15 are incorporated herein by reference as if set foah in their full text. Admitted. Denied. It is specifically denied that Defendant has been unjustly enriched and benefited by obtaining title to various items of personalty totaling $2,806.96 without payment for the same, as such items were gifts from Plaintiff. 19. Denied. It is specifically denied that Defendant should be required to reimburse Plaintiff. It is specifically denied that Defendant has been unjustly enriched based upon the use of Plaintiffs credit card. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint. NEW MATTER AND COUNTERCLAIM FOR EMOTIONAL DISTRESS 20. Defendant's answer to Plaintiffs Paragraph 1 through 19 are incorporated herein by reference as if set forth in their full text. 21. Defendant's marriage to her husband ended in February 2000. 22. Plaintiffs marriage ended in April 2000, after his wife lef~ the residence. 23. Plaintiff and Defendant began dating in April 2000. 24. Plaintiff and Defendant continued dating until January 2001. 25. During the course of their relationship, Plaintiff was aware of Defendant's financial situation and her limited available income. 26. During the course of their relationship, Defendant lost approximately fifty pounds. 27. Plaintiff often made fun of Defendant's appearance because her clothing did not fit properly. 28. Plaintiff knew that Defendant did not have any means to purchase luxury items, including clothing, for herself. 29. 30. 31. 32. 33. 34. 35. 36. 37. Plaintiff insisted that Defendant take and use his credit card to purchase items of personalty for herself. At no time prior to Defendant seeking a Protection from Abuse Action did Plaintiff make a request for reimbursement for any purchases Defendant might make while using his credit card. Defendant never made any promises to reimburse Plaintiff for any purchases she might make while using his credit card. Plaintiff insisted that Defendant spend at least five thousand dollars on his credit card. Plaintiff became incensed when Defendant did not spend five thousand dollars on his credit card. During the course of their relationship, Plaintiff purchased many items of personalty for Defendant, including a cellular telephone, jewelry and clothing. During the course of their relationship, Plaintiff purchased various services for Defendant, including a real estate appraisal of her former marital residence and lawn maintenance for her residence. During the course of their relationship, Plaintiff took Defendant on several vacation trips, to several restaurants and frequently sent her flowers. Plaintiff purchased and gave all of the aforesaid items and services as git~s for Defendant, without expectation of repayment. 38. 39. 40 Defendant accepted all of the aforesaid items from Plaintiff as gifts from him, without expectation of reimbursement. During the course of their relationship, Defendant purchased some small gift items for Plaintiff. .Defendant gave those items to Plaintiff without the expectation of repayment. 41. Plaintiff accepted those items as gifts, without the expectation of reimbursement. 42. 43. 44. 45. 46. 47. 48. Plaintiff repeatedly asked Defendant to move into his residence in the months of October, November and December of 2000. Defendant did move into Plaintiff's residence in mid to late December 2000. Defendant moved out of Plaintiff's residence in mid January 2001. In February 2001, Plaintiff began to exhibit behaviors that Defendant considered to be stalking and harassment. Plaintiff continued this behavior despite Defendant's repeated requests for him to stop. On or about June 2001, Defendant threatened to file a Protection From Abuse action against Plaintiff. On or about July 3, 2001, Defendant's employer sent a no-trespass notice by written correspondence to Plaintiff stating that Plaintiff was forbidden to enter any and all property of the Central Pennsylvania College, where Defendant was employed and resided, and all areas surrounding the townhouses and apartments of the college. 49. The no-trespass notice referenced in paragraph 48 was sent to Plaintiff due to his continual harassment of Defendant. 50. Plaintiff did not stop his harassing behavior. 51. Defendant contacted Cumberland Valley Domestic Violence Services and filed a Protection From Abuse action against Plaintiff on or about September 21, 2001. 52. A temporary Protection From Abuse Order was entered against Plaintiff on or about September 21, 2001. 53. Prior to the hearing for the final Order, Plaintiff requested that the Ordered time restriction be reduced fi.om eighteen months to six months. 54. Defendant refused to reduce the length of the Order at that time. 55. A final Protection From Abuse Order was entered against Plaintiff on or about February 25, 2002. 56. Plaintiff filed a District Justice Action on or about October 16, 2001, demanding payment for gifts given during the relationship. 57. After their relationship ended, Plaintiffrepeatedly sent letters to Defendant acknowledging that he was happy to have given her his credit card, among other things, and glad he could provide things for her that she needed. 58. Defendant believes that Plaintiff's demand for payment now is an attempt to continue his ongoing harassment of her. 59. Defendant has suffered emotional distress as a result of Plaintiff's ongoing harassment of her. 60. Defendant sought the assistance of counseling and other victim services as a result of Plaintiff's ongoing harassment of her. 61. Defendant has suffered out of pocket losses, including lost wages and attorney's fees as a result of Plaintiff's ongoing harassment of her. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's Complaint and award appropriate damages to Defendant for emotional distress. Respectfully submitted, aryl~/l,a~as, Esquire Attorney foL~efendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 DATE: VERIFICATION I verify that the statements made in the foregoing document 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 unswom falsifications to authorities. ROBI~q L. CLEMENS SCOTT J. SPRUCEBANK Plaintiff VS. ROBYN LYNNE CLEMENS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : DOCKET #02-153 : CIVIL ACTION : COMPULSORY ARBITRATION NOTICE TO PLEAD You are hereby notified to file a written response to the within Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. :140893 SCOTT J. SPRUCEBANK Plaintiff VS. ROBYN LYNNE CLEMENS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET #02-153 : CIVIL ACTION : COMPULSORY ARBITRATION PRELIMINARY OBJECTIONS Comes now The Plaintiff by and through his attorney, the office of Shumaker Williams, P.C., and respectfully files these Preliminary Objections to Defendant's New Matter and Counter Claim and in furtherance thereof states as follows: 1. Plaintiff filed a Complaint on February 12, 2002 pursuant to an appeal from a District Justice judgment. 2. On March 7, 2002, Defendant filed an Answer and New Matter to Plaintiff's Complaint and served the same on Plaintiff's Counsel by certified mail on March 11, 2002, signed for on March 13, 2002 by Plaintiff's Counsel. :140893 Demurrer to Defendant's Counterclaim 3. Defendant's Counterclaim is based upon the theory of "Emotional Distress." 4. Pennsylvania Law has adopted the Restatementof Torts 2d ~46, "Intentional Infliction of Emotional Distress." 5. In order to sustain a case of action, one must allege facts of extreme and outrageous conduct intentionally or recklessly which causes severe Emotional Distress to another. 6. Nowhere in Defendant's Counterclaim are there averments of extreme and outrageous conduct which would sustain her cause of action. WHEREFORE, Defendant's Counterclaim should be dismissed for failure to state a claim upon which relief may be granted, pursuant to Pa. R.C.P. 1028 (a)(4) PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028(2) 7. Pa. R.C.P. 1019(f) requires that Averments of Special Damages shall be specifically stated. 8. Defendant's Answer, New Matter, and Counterclaim states in Paragraph 61 that Defendant has suffered ",..out of pocket losses, lost wages and attorneys fees...". :140893 9. Defendant does not plead with any specificity the special damages suffered as required by Pa. R.C.P. 1019(0 and 1021(a). Further, attorney fees are not collectable as a matter of course in this action. 10. Defendant in paragraphs 21,22, 27, 28, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 through 58 includes scandalous and impertinent matters and should be stricken pursuant to Pa. R.C.P. 1028(2). 11. Defendant in her Counterclaim refers to various writings, but fails to attach the same to her Answer, New Matter and Counterclaim. 12. Pa. R.C.P. 10190) requires that when a claim or defense is based upon a writing, the Pleader shall attach a copy of the writing to the pleading. WHEREFORE, Defendant's Counterclaim should be dismissed for failure to state a claim as a matter of law and in the alternate, Defendant's New Matter and Counterclaim should be stricken for inclusion of scandalous or impertinent matters and for failure to follow Rules of Court. Respec~~ SHUMAKER WILLIAMS, P.C. P O Box 88 Harrisburg, PA 17108 :140893 CERTIFICATE OF SERVICE AND NOW, this ~"~ day of March, 2002, I Anthony J. Foschi, Esquire, of the law firm of SHUMAKER WILLIAMS, P.C., hereby certify that this day I served a true and correct copy of the foregoing, upon the person stated below by depositing same in the United States Mail, postage prepaid, first class mail, on the date set forth: Maryiou Matas, Esquire GRIFFIE & ASSOCIATES Attorney for Robyn Lynne Clemens 200 North Hanover Street Carlisle, PA 17013 717.243.5551 SHUMA~ By: ~,/ . _ .~-- ........ Anthony J. Foschi, Esquire #55895 P O Box 88 Harrisburg, PA 17108 717.763.1121 Attorney for Plaintiff :140893 SCOTT J. SPRUCEBANK Plaintiff Vs. ROBYN LYNNE CLEMENS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA DOCKET # 02-153 : CIVIL ACTION COMPULSORY ARBITRATION PRAECIPE TO SETTLE, DISCONTINUE AND END To: Prothonotary: Please mark the above-captioned matter as Settled, Discontinued and Ended. Respectfully, Anthony J. Foschi P O Box 88 Harrisburg, PA 17108 717.763.1121 I.D.#55895 GRIFFIE & ASSOCIATES By: 200 North Hanover Street Carlisle, PA 17013 I.D.# 84'1 Iq 143062 1 CERTIFICATE OF SERVICE AND NOW, this 22~day of May, 2002, I Anthony J. Foschi, Esquire, of the law firm of SHUMAKER WILLIAMS, P.O., hereby certify that this day I served a true and correct copy of the foregoing, upon the person stated below by depositing same in the United States Mail, postage prepaid, first class mail, on the date set forth: Marylou Matas, Esquire GRIFFIE & ASSOCIATES Attorney for Robyn Lynne Clemens 200 North Hanover Street Carlisle, PA 17013 717.243.5551 SHUMA~AMS, P.C., By: ~' Anthony J. Foschi, Esquire P 0 Box 88 Harrisburg, PA 17108 717.763.1121 Attorney for Plaintiff 143062 2