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HomeMy WebLinkAbout11-3234 C -S 0 4E"AR6THfONOTARY 1QI I MAR 24 AM I I : 44 Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug@pkh.com DON PAUL SHEARER, Plaintiff V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. A-3,234 0ivi I Tito CIVIL ACTION - LAW 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 OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOIS€ 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 4401. oo Pa A-rW ?? alotoa Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug@pkh.com DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Don Paul Shearer, by his attorneys, Purcell, Krug & Haller, and files the following Complaint: FACTS 1. Plaintiff is Don Paul Shearer (hereinafter "Shearer") an adult individual residing at 422 North Front Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendants are Renee M. Rhoads Evans, formerly Renee M. Rhoads, (hereinafter "Renee") and Greg Evans (hereinafter "Evans"), adult married individuals currently residing at 457 Texter Mountain Road, Robesonia, Berks County, Pennsylvania. 1 3. On November 9, 2005, Shearer purchased a 2003 BMW X-5 (hereinafter "BMW$') 4. Shearer paid the full $39,000 purchase price but titled the BMW jointly, in the name of himself and Renee, in contemplation of marriage to Renee. 5. Since November 9, 2005, Shearer has been in constant and exclusive control of and sole possession of the BMW, its title and its keys, until February 16, 2011. 6. At no time has either Defendant had possession, control, keys to, or use of the BMW, until February 16, 2011. 7. Since the purchase date, Shearer was the only owner who paid for, used, insured, and maintained the BMW, and no contribution of any kind was every made by Defendants. 8. On or about June 2008, Renee ended the engagement, no marriage even occurred, and the parties went their separate ways. 9. After many requests for the return of the engagement ring and furniture, and for Renee to sign over the title to the BMW, all of which actions were taken in reliance on the parties getting married, Shearer filed a civil action against Renee for Breach of Contract/Replevin and Quantum Meruit on July 15, 2010, in Dauphin County. (A copy of the Dauphin County Complaint is attached hereto as Exhibit "A".) 10. Shearer did not ask the Dauphin County Court to order replevin of the BMW, because he then had possession. 2 11. It is believed and therefore averred that in mid February 2011, Renee went to several BMW dealers until she found one to provide her with a duplicate set of keys, using the pretext that she, a titled owner, had "lost" her keys. 12. In the evening of February 16, 2011, one or both Defendants used the duplicate keys to unlock and take possession of the BMW, which was parked at or about the Wormleysburg Boro Hall at 20 Market Street, Wormleysburg, Cumberland County, Pennsylvania, where Shearer attended a meeting. 13. Defendants also took possession of all Shearer's personal and business property located therein; i.e., a large compact disc collection, confidential files belonging to third parties, personal and business documents, and other items of Shearer that neither Defendant had any right to possess. 14. Without an inspection of the vehicle to refresh his recollection, Plaintiff cannot accurately identify and value all missing items with particularity; however, Plaintiff has attached a list of personalty and values for those items he personally recalls and which are still missing. (See Exhibit "B" attached hereto.) 15. This Court has jurisdiction, as the BMW was furtively taken by Defendants from Cumberland County. 16. It is believed that Defendants vindictively removed the vehicle and personalty to Berks County, where it has been hidden and they reside, depriving Shearer of the use and enjoyment of his vehicle and its contents. 17. Shearer notified police when he realized his vehicle had been stolen. 3 18. When the police questioned Renee, she advised that she doesn't have the car and doesn't know anything about the missing car. (See Police Report attached hereto as Exhibit "C".) 19. The following morning, after a "Stolen Vehicle" report was issued by the police, Evans called and advised the Chief of Police that he took the car, without notice to Shearer, and Renee had possession of it. (See Exhibit "C" attached hereto.) 20. Renee understands that she has no possessory or ownership right to the BMW, as Renee responded to Paragraph 16 of Plaintiff's Dauphin County Complaint (Exhibit "A"), which stated that Renee had failed or unreasonably refused to transfer to Shearer her interest in the 2003 BMW, as follows: "Defendant has not failed or refused to transfer her interest in the 2003 BMW to Plaintiff. To the contrary, Defendant has previously demanded that Plaintiff remove her name from the vehicle title." See Paragraph 16 of Defendant's Answer, a copy of which is attached hereto as Exhibit "D". 21. It is further believed and therefore averred that as a result of the filing of Shearer's Dauphin County lawsuit, Defendants conspired to deprive Shearer of what has been his mobile office for his appraisal business. 22. As a result of a police demand, on penalty of arrest, Defendants finally returned many less valuable or important items of personalty, while retaining the most important or valuable items, claiming they cannot find the missing items, despite the obvious and open vehicle locations of the items on February 16, 2011. A list of the items still missing is attached hereto as Exhibit "B". 4 23. It is believed and therefore averred that the fair value of Shearer's use, business use, and enjoyment of the BMW and contents is $150 per day, which to March 25, 2011, comes to 37 days or $5,550. 24. Defendants each have their own respective vehicles, and, thus, have no need for the BMW. 25. It is believed and therefore averred that Defendants have intentionally deprived Plaintiff of the vehicle to cause him great emotional distress and anguish, as well as to use the vehicle as a negotiating "chip" in the Dauphin County case, referenced previously. 26. Despite demand, both Defendants have failed and/or refused to return either the BMW or all the missing personal property which was located therein at the time Defendants removed. COUNT I - REPLEVIN 27. Paragraphs One through Twenty-Six are incorporated herein by reference thereto. 28. Shearer has a clear possessory right to the BMW superior to the Defendants, as this was not a completed gift, it was conditioned on the occurrence of the marriage of the parties, and Defendants always recognized, per Renee's pleading, that Shearer has the sole right to possession. 29. Also, Shearer has a clear possessory right to his and third party personal and business records, and he needs to inspect the BMW to present a more complete list with values. 5 30. Defendants should not be rewarded for their actions, and Shearer cannot continue to operate his appraisal business without the return of his mobile office. 31. The BMW is currently worth approximately $12,500. 32. Defendants should either return the vehicle or pay Shearer the full value of the vehicle - $12,500. 33. Defendants should not be permitted to retain personal property that was in the vehicle on February 16, 2011, or they should pay Shearer the value of said property. 34. Defendants should also indemnify Shearer and hold him harmless against the actions of third parties whose financial and business records were in the BMW on February 15, 2011. 35. Defendants should pay Shearer the value of his loss of use and enjoyment of his mobile office, since February 16, 2011 at $150 per day, which totals $5,550 through March 25, 2011. WHEREFORE, Shearer requests that this Honorable Court issue a Court Order awarding Shearer the following relief: A. Defendants shall return the BMW in question to Shearer in the same good condition it was in when they removed it on February 16, 2011, as well as all personalty asserted by Shearer to be missing; B. Alternatively, Defendants shall pay to Shearer the sum of $12,500 for the BMW and an as yet undetermined sum for the missing personal property; 6 C. Defendants shall pay damages to Shearer for his period of lost use and enjoyment, which, at $150 per day for a mobile office comes to $5,550 through March 25, 2011; D. Defendants shall pay Plaintiffs for the costs of this action and his reasonable attorney fees; and, E. Any further relief this Court may deem appropriate. COUNT II - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 36. Paragraphs One through Thirty-Five are incorporated herein by reference thereto. 37. Defendants took Shearer's vehicle with the specific intent to cause him great emotional distress, anguish, and loss to his business 38. Shearer has had great difficulty sleeping, focusing, and carrying on his appraisal business, owing to the onset of frustration, anger, and depression related to his apparently being stalked and his vehicle taken while he attended a business meeting. 39. Owing to his physical condition, Shearer cannot take anti-depressants or similar medications to assist him in the alleviating these emotions. 40. Causing Shearer major emotional distress is the very reason Renee changed her position, now contradicting her prior stated position that Shearer should be the sole titled person in possession of the vehicle. 41. Renee intentionally lied to police when she told them she knew nothing of the car or its disappearance, despite Evans' (her husband) admission to the police the very next day that she had the vehicle. See Exhibit "C". 7 42. Defendant's intentional and outrageous conduct, despicably planned to cause Plaintiff great harm emotionally and in his business, merits both compensatory and punitive damages. WHEREFORE, Plaintiff demands that this Honorable Court enter judgment against Defendants in an amount sufficient to compensate Plaintiff for his losses and damages, in excess of the arbitration limits of this Court, as well as punitive damages for their outrageous, malicious and willful conduct intended to cause great emotional distress and harm to Plaintiff. PURCELL, KRUG & HAtL?-:R 3l ay?ao, ? By: rd B. Kbaj,- Esquire 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff 8 p ?-r 13 N . o 0 C-- C= -- cn ? r : - Howard B. Krug, Esquire sm }- PA Supreme Court ID# 16826 = _X `-' Purcell, Krug & Haller 1719 North Front Street -{ ca r Harrisburg, PA 17102 Phone: (717) 234-4178 Fax: (717) 234-0409 hkru@P,R h.com DON PAUL SHEARER, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, Defendant NO. rO\O C ? Qa? CV CIVIL ACTION - LAW 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. EXHIBIT DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (7171 7q?)-7F'gR NOTICE CONCERNING MEDIATION OF ACTIONS PENDING BEFORE THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY The Judges of the Court of Common Pleas of Dauphin County believe that mediation of lawsuits is a very important component of dispute resolution. Virtually all lawsuits can benefit in some manner from mediation. The Court has adopted Dauphin County Local Rule 1001 to encourage the use of mediation. This early alert enables litigants to determine the best time during the life of their lawsuit for a mediation session. The intent of this early alert is to help the parties act upon the requirement to consider good faith mediation at the optimal time. The Dauphin County Bar Association provides mediation services and can be reached at 717-232-7536. Free mediation sessions for pro bono cases referred by MidPenn Legal Services are available through the DCBA. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en [as siguientes p6ginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despu6s 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 aqui en contra suya. Se le advierte de que si usted falla de tomar accion 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 m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 AVISO REFERENCES A LA MEDIACION DE LAS ACCIONES PENDIENTES ANTES LA CORTE DE SOPLICAS COMUNES DEL CONDADO DE DAUPHIN Los jueces de la corte de suplicas comunes del condado de Dauphin creen que la mediaci6n de pleitos es un componente muy importante de la resoluci6n del conflicto. Virtualmente todos los pleitos pueden beneficiar de cierta manera de la mediaci6n. La code ha adoptado la regla local de condado de Dauphin 1001 para animar el use de la mediaci6n. Esta alarms temprana permite a litigantes determiner la mejor epoca durante la vida de su pleito para una sesi6n de la mediaci6n. El intento de esta alarma temprana es actuar sobre la mediaci6n de la buena fe en el tiempo 6ptimo. La asociaci6n de la barra del condado de Dauphin proporciona servicios de la mediaci6n y se puede alcanzar en 717-232-7536. La sesi6n libre de la mediaci6n para los favorables casos del Bono se refinio por MidPenn que los servicios juridicos estan disponibles con el DCBA. r.? 0 7- C Howard B. Krug, Esquire W r PA Supreme Court ID# 16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 Fax: (717) 234-0409 hkrug crDpkh com DON PAUL SHEARER, Plaintiff V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. O?? ?? CV cl? ` lq CV CIVIL ACTION - LAW COMPLAINT COMES NOW, Plaintiff, Don Paul Shearer, by his attorneys, Purcell, Krug & Haller, and files the following Complaint: 1. Plaintiff is Don Paul Shearer an adult individual residing at 422 North Front Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant is Renee M. Rhoads Evans, formerly Renee M. Rhoads, an adult individual currently residing at 457 Texter Mountain Road, Robesonia, Berks County, PA. COUNT I BREACH OF CONTRACTIREPLEVIN 3. Defendant formerly resided at 710 N. Highlands Drive, Harrisburg, Dauphin County, Pennsylvania (hereinafter "Former Home") 4. On or about November 2005, after one and a half (11/2) years of dating, the parties agreed at Defendant's Former Home to get married at a future date. 5. Thereafter, in further anticipation of and reliance upon a marriage actually occurring, in November 2005, Plaintiff titled a 2003 BMW X5 he was purchasing for $38,683 in the names of both parties. 6. In further anticipation of and conditioned upon their future marriage, in December 2005 Plaintiff began paying for the benefit of Defendant the sum of $525 per month for a period of thirty (30) months toward her lease of a 2006 BMW, which payment, totaling $15,750, afforded Defendant the use of a new car and significant credit toward her eventual purchase of the vehicle at the conclusion of the lease. 7. Thereafter, on or about April 13, 2006, in furtherance of and conditioned upon the marriage of the parties, Plaintiff deposited $5,000 toward the purchase of a 5.03 carat diamond engagement ring having a total cost of $59,500. 8. In Easter 2007, the parties returned to Aruba, Plaintiff paid the balance of $54,500, and Defendant was given the engagement ring to formalize their marital agreement. 9. A Certified Appraisal of the ring determined it was worth $70,000. 10. Thereafter, in further anticipation of and conditioned upon their marriage, Plaintiff purchased from Ashley Furniture approximately $3,000 of living room furniture, which was placed in Defendant's Former Home, pending the actual marriage of the parties. 11. All of the personal property, the interest in title, and the sums paid by Plaintiff, identified in Paragraphs 5-9 hereof, were expressly and impliedly conditioned on the marriage of the parties and shall be hereinafter collectively referred to as "Marriage Items". 12. On or about June 2008, Defendant broke off the engagement, retaining possession of all the Marriage Items. 13. Defendant has also remained on the title of the 2003 BMW X5 as joint owner, although Plaintiff fully paid for the vehicle at the time of purchase. 01 14. Defendant has never paid anything for her interest in any of the Marriage Items. 15. Plaintiff has demanded that Defendant return the Marriage Items, transfer to Plaintiff her interest in the 2003 BMW X5 (sign over title), and reimburse Plaintiff for his lease payments on her vehicle, totaling $15,750. 16. Despite Plaintiff's reasonable demands, Defendant has unreasonably failed and refused to return the Marriage Items, transfer to Plaintiff her interest in the 2003 BMW, and reimburse him for lease payments on her BMW. 17. At various times Defendant has agreed to return the engagement ring, only to later claim she lost it or could not find it. ? 18. Plaintiff is concerned that the ring and other personal property may have been transferred, sold, lost, or destroyed. 19. Alternatively, if Defendant has sold, lost, or wishes to retain some or all of the Marriage Items, she should pay to Plaintiff their full current fair market value or cost, as follows: a. Engagement Ring - $70,000 (subject to current appraisal) b. 2003 BMW X5 - $38,683 C. Ashley Furniture (living room furniture) - $3,000 d. Total of Monthly cash payments to Defendant - $15,750 plus interest. WHEREFORE, Plaintiff requests that Defendant be ordered to return the Marriage Items, or in the alternative, pay to Plaintiff the sum of $127,433, plus interest. COUNTI QUANTUM MERUIT 20. Paragraphs One through Nineteen are incorporated herein by reference thereto. 21. In the event Plaintiff's claim for relief under Count I is dismissed for any reason, it is believed and therefore averred that Defendant has been unjustly enriched and significantly benefitted as a result of Plaintiff's conditional payments and purchases. 22. Defendant has received the benefit of personal property and cash payments totaling $127,433 without any justification. To allow Defendant to retain these benefits would be unjust. 23. It is believed and therefore averred that Defendant's benefit is $127,433. WHEREFORE, Plaintiff demands that judgment be entered in his favor and against Defendant in the amount of $127,433 plus interest from June 1, 2008. PURCELL, K,,FNG & HP(LLER Vbrn ID # :.1'6826 rth Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff Dated: -? J ` -,'`D 10 VERIFICATION I, Don Paul Shearer, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:- -7 19 201(3 ??'? IT Final List of Personal Property (in X-5 when taken on February 16, 2011) • Legal file with Lehigh Valley International Airport & Piscotti/Flynn files • Larger CD tape case with app. 40 tapes or more (Value - app. $800) • (1) pair of RayBan non-prescription sunglasses in leather case (Value - $110) • Small boat bag with boat key and other small boat items (Value - $50) • Leather notebook & pad (Value - $50 • Several small office files & loose legal pad with many notes, phone numbers, etc. • Battery jumper cables (in tire well) & vehicle maintenance items in side rear panels (Value - $40) Total value of items with monetary value - $1,050 Partial list of CD tapes (that I specifically remember (4) Rod Stewart (4) Beatles (including double white album (2) Simon & Farfunkel (4) 50's & 60's oldies (4) Jimmy Buffett (4) Fleetwood Mac (1) Flashdance sound track (4) Elvis Presley (2) Judy Collins (2) Peter, Paul & Mary (2) Carly Simon (2) James Taylor (1) Fats Domino (4) Four Seasons EXHIBIT ?X?a ;T DIS02M C A P I T O L A R E A DATE: 11/02/22 DIS02DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:31 F 20110200273 DISPATCH COMMENTS INQUIRE WSR CMH3 WSR2 ADDED UPDATED COMMENT SEQ# 110216 RAT1 110217 MLH2 SHEARER REPORTED THAT HE PARKED HIS 2003 BMW SUV 0001 110216 RAT1 BEARING PA REGISTRATION GFK8688 IN FRONT OF 20 0002 110216 RAT1 MARKET ST WORMLEYSBURG, PA. WHILE HE WENT INTO 0003 110216 RAT1 THE BORO HALL FOR A MEETING. THIS WAS AT 1830HRS. 0004 110216 RAT1 AT 2010HRS HE CAME OUT AND THE VEHICLE WAS 0005 110216 RAT1 GONE. THE VEHICLE WAS LOCKED WITH AN ALARM 0006 110216 RAT1 ACTIVATED. THE REGISTRATION AND INSURANCE CARDS 0007 110216 RAT1 WERE INSIDE. THE CAR IS PAID FOR. NO GPS ON BOARD 0008 110216 RAT1 CAR FOR TRACKING. THE VEHICLE IS WHITE IN COLOR 0009 110216 RAT1 WITH TAN INTERIOR. DON HAS BOTH KEYS TO THE CAR. 0010 110216 RAT1 0011 110216 RAT1 DON ADVISED HE IS IN COURT WITH RENEE OVER A VERY 0012 110216 RAT1 NASTY SPLIT AND A $70,000. RING HE GAVE HER THE 0013 110216 RAT1 CAR IS ALSO IN HER NAME. I CALLED RENEE AND SHE 0014 110216 RAT1 ADVISED SHE DOESN'T HAVE THE CAR AND DOESN'T KNOW 0015 110216 RAT1 ANYTHING ABOUT THE MISSING CAR. I CALLED CHRIS 0016 110216 RAT1 GARCIA WHO IS RENEE'S SON. HE WORKS FOR DON. 0017 FUNCTION: F=PF 1=DIS 3=NAM 4=UN 5=SPNO J=MEV P=PRL O=NOTIF T=TM M=MENU E=EXIT PRESS ENTER TO CONTINUE, OR SELECT OTHER FUNCTION (PF8=PF) EXHIBIT L DIS02M C A P I T O L A R E A DATE: 11/02/22 DIS02DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:33 F 20110200273 DISPATCH COMMENTS INQUIRE WSR CMH3 WSR2 ADDED UPDATED COMMENT SEQ# 110216 RAT1 HE DIDN'T CALL ME BACK. I CALLED DON BACK AND 0018 110216 RAT1 ASKED HIM IF HE HEARD ANY FURTHER INFORMATION ON 0019 110216 RAT1 THE CAR FROM CHRIS. HE ADVISED HE WAS ON THE 0020 110216 RAT1 PHONE WITH CHRIS AND ADVISEDCHRIS KNOWS NOTHING 0021 110216 RAT1 ABOUT THIS. DON ADVISED THE CAR COULD HAVE BEEN 0022 110216 RAT1 STOLEN BY RENEE'S HUSBAND. 0023 110216 RAT1 0024 110216 RAT1 DON ADVISED HE AND RENEE WERE NEVER MARRIED BUT 0025 110216 RAT1 THE CAR IS REGISTERED IN BOTH NAMES. 0026 110216 RAT1 0027 110216 RATI VEHICLE ENTERED AS A STOLEN VEHICLE. 0028 110216 RAT1 0029 110216 RAT1 I RECEIVED A CALL HACK FROM CHRISTOPHER GARCIA 0030 110216 RAT1 AND HE ADVISED HE KNOWS NOTHING ABOUT THIS 0030 110216 RAT1 VEHICLE BEING STOLEN. 0030 110216 RAT1 0030 110216 RAT1 SV REPORT TO FOLLOW. 0030 FUNCTION: F=PF 1=DIS 3=NAM 4=UN 5=SPNO J=MEV P=PRL O=NOTIF T=TM M=MENU E=EXIT PRESS ENTER TO CONTINUE, OR SELECT OTHER FUNCTION (PF7=PB PFB=PF) DIS02M C A P I T O L A R E A DATE: 11/02/22 DIS02DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:35 3 20110200273 DISPATCH COMMENTS INQUIRE WSR CMH3 WSR2 ADDED UPDATED COMMENT SEQ# 110216 RAT1 0030 110217 MLH2 ++ UPDATE 02/17/2011 - CHIEF HOPE ++ 0031 110217 MLH2 0031 110217 MLH2 I RECEIVED A CALL FROM RENEE EVANS HUSBAND AND 0031 110217 MLH2 SPOKE TO HER ON THURSDAY MORNING AND GREG STAT ED 0031 110217 MLH2 THAT HE TOOK THE VEHICLE AND RENEE HAS IT NOW. 0031 110217 MLH2 0031 110217 MLH2 NO THEFT. NCIC ENTRY CANCELLED AND RV REPORT 0031 110217 MLH2 ENTERED. 0031 110217 MLH2 0031 0000 0000 0000 0000 0000 0000 0000 FUNCTION: F=PF 1=DIS 3=NAM 4=UN 5=SPNO J=MEV P=PRL O=NOTIF T=TM M=ME NU E=EXIT ALL COMMENTS SHOWN - SELECT NEXT FUNCTION (PF7=PB) DIS03M C A P I T O L A R E A DATE: 11/02/22 DIS03DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:36 F 20110200273 DISPATCH NAMES INQUIRE WSR CMH3 WSR2 LAST NAME: SHEARER (OR REFERENCE INC# - YYYYMMDDDDD, TYPE=I) F:I=INQ FIRST NAME: DON MIDDLE INIT: P TELEPHONE: 717 576 5321 TYPE: V (S=SUSP A-ACCUSED C=COMPL R=REPT-BY W=WITNESS V=VICTIM 0=OTHR) COMMENT: 422 N FRONT ST WORMLEYSBURG, PA. 17043 W/M 12/21/43 LAST NAME: EVANS FIRST NAME: RENEE MIDDLE INIT: M TELEPHONE: 717 903 5311 TYPE: V COMMENT: 457 TEXTER MOUNTAIN RD ROBESONIA, PA. 19551 W/F 6/23/59 LAST NAME: GARCIA FIRST NAME: CHRISTOPHER MIDDLE INIT: J TELEPHONE: 717 579 9225 TYPE: 0 COMMENT: 203 ACRE DR CARLISLE, PA. 17013 W/M APPROXIMATELY 28YRS OF AGE FUNCTION: F=PGF 1-DISP 2=COM 4=UN H=HITS S=SRCH I=INC-INQ W=WAR M=MENU E=EXIT PRESS ENTER TO CONTINUE, OR SELECT OTHER FUNCTION DIS03M C A P I T O L A R E A DATE: 11/02/22 DIS03DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:38 4 20110200273 DISPATCH NAMES INQUIRE WSR CMH3 WSR2 LAST NAME: EVANS (OR REFERENCE INC# YYYYMMDDDDD, TYPE=I) F:I=INQ FIRST NAME: GREGORY MIDDLE INIT: C TELEPHONE: 610 781 4962 TYPE: 0 (S=SUSP A-ACCUSED C=COMPL R=REPT-BY W=WITNESS V=VICTIM 0=OTHR) COMMENT: 457 TEXTER MOUNTAIN RD ROBESONIA, PA 19551 W/M 10/31/1955 LAST NAME: FIRST NAME: MIDDLE INIT: TELEPHONE: 000 000 0000 TYPE: COMMENT: LAST NAME: FIRST NAME: MIDDLE INIT: TELEPHONE: 000 000 0000 TYPE: COMMENT: FUNCTION: F=PGF 1=DISP 2=COM 4=UN H=HITS S=SRCH I=INC-INQ W-WAR M=MENU E=EXIT ALL NAMES SHOWN - SELECT NEXT FUNCTION DIS04MI C A P I T O L A R E A DATE: 11/02/22 DIS04DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:39 H 20110200273 DISP UNIT / OFFICERS RESPONDING INQUIRE WSR CMH3 WSR2 ---------- ---- ----------------------------- UNIT TYP BADG OFFICER-NAME DATE DISP ARRV CLRD REP ADD-DT-TIME-USER UPD-DT-TIME-USER 3202 P 3211 TAYLOR RAY A 11/02/16 2024 2030 2109 Y WSR 110216 2148 RAT1 FUNCTION: F=PGFWD 1=DISP 2=COMM 3=NAME H=HITS S=SEARCH M=MENU E=EXIT ALL UNITS SHOWN - SELECT NEXT FUNCTION ????? ? DON PAUL SHEARER, Plaintiff, V. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2010-CV-9299-CV RENEE M. RHOADS EVANS, CIVIL ACTION - LAW formerly RENEE M. RHOADS, a Defendant. NOTICE TO PLEAD TO: Don Paul Shearer, Plaintiff c/o Howard B. Krug, Esquire X Purcell, Krug & Haller ' 1719 North Front Street W Harrisburg, PA 17102 You are hereby advised to file a written response to the enclosed Answer with New Matter and Counterclaims to Plaintiff s Complaint within twenty (20) days from service hereof, or judgment may be entered against you. SMIGEL, ANDERSON & SACKS Dater q , o By: ® Peter M. o squ' a ID #64316 Jessica E. Mercy, Esquire ID #206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant SMIGEL, ANDERSON & SACKS, LLP River Cbase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire I.D. No. 64316 Jessica E. Mercy, Esquire I.D. No. 206405 ,attorneys for Defendant Denise Dommel DON PAUL SHEARER, Plaintiff, V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, Defendant. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : No. 2010-CV-9299-CV CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIMS TO PLAINTIFF'S COMPLAINT AND NOW COMES, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, by and through her attorneys, Smigel, Anderson & Sacks, LLP, who files the following Answer with New Matter and Counterclaims to Plaintiff's Complaint and in support thereof avers as follows: ANSWER , ] ? '" - -d Z 1. Admitted upon information and belief. > 2. Admitted. r w `=' COUNTI n BREACH OF CONTRACT/REPLEVIN 3. Admitted. 4. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, at no time did Plaintiff and Defendant agree to get married at a future date. 5. Admitted in part and denied in part. It is admitted that Plaintiff titled a 2003 BMW X5 in the names of Plaintiff and Defendant. It is denied that Plaintiff did so in anticipation of and reliance upon a marriage actually occurring between the parties. Plaintiff and Defendant never agreed to get married. 6. Admitted in part and denied in part. It is admitted that in December 2005, Plaintiff began paying $525 per month towards Defendant's lease on her 2006 BMW and that Plaintiff made these payments for a period of approximately thirty (30) months. It is denied that such payments were made in anticipation of and conditioned upon the parties' future marriage. Plaintiff and Defendant never agreed to get married. Plaintiff made these payments as a gift to Defendant. 7. Admitted in part and denied in part. It is admitted that on or about April 13, 2006, Plaintiff deposited $5,000 toward the purchase of a 5.03 carat diamond ring having a total cost of $59,500. It is denied that the ring was an engagement ring and that the $5,000 deposit was made in furtherance of and conditioned upon the marriage of the parties. Plaintiff and Defendant never agreed to get married. 8. Admitted in part and denied in part. It is admitted that Plaintiff and Defendant returned to Aruba at Easter 2007 and that Plaintiff paid the remaining balance of $54,500 on the ring and gave the ring to Defendant. It is denied that the ring was an engagement ring and that the ring was given to Defendant to formalize the parties' marital agreement. Plaintiff and Defendant never agreed to get married and Plaintiff and Defendant were never engaged. Plaintiff gave the ring to Defendant as a gift. 9. Denied. The Certified Appraisal that Plaintiff references is a writing which speaks for itself, and therefore Plaintiff's summaries, conclusions or characterizations made regarding such writing are specifically denied. 2 10. Admitted in part and denied in part. It is admitted that Plaintiff purchased approximately $3,000 worth of living room furniture from Ashley Furniture for Defendant's former home. It is denied that such furniture was purchased in anticipation of and conditioned upon the marriage of the parties. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff purchased the furniture as a gift to Defendant. 11. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the sums paid Plaintiff were not expressly and impliedly conditioned on the marriage of the parties. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff paid all sums as a gift to Defendant. 12. Denied. To the contrary, Defendant did not break off an engagement between the parties. Plaintiff and Defendant were never engaged. 13. Admitted. 14. Denied. To the contrary, the items that Plaintiff references are not marriage items. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff gave the items to Defendant as gifts. 15. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the items that Plaintiff references are not marriage items. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff gave the items to Defendant as gifts. 16. Denied. The averments of this paragraph contain conclusions of law to which no 3 responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the items that Plaintiff references are not marriage items. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff gave the items to Defendant as gifts. In addition, Defendant has not failed or refused to transfer her interest in the 2003 BMW to Plaintiff. To the contrary, Defendant has previously demanded that Plaintiff remove her name from the vehicle title. 17. Denied. To the contrary, at one time, Defendant returned the ring to Plaintiff and Plaintiff, after some time, gave the ring back to Defendant stating that he did not want the ring, thereby indicating that the ring was not an engagement ring, but merely a gift to Defendant. 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph regarding Plaintiff's concerns and the averments are therefore denied, with strict proof thereof demanded at trial. 19. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the items that Plaintiff references are not marriage items. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff gave the items to Defendant as gifts. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court dismiss Plaintiff's Count I and enter judgment in her favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. COUNT II QUANTUM MERUIT 20. This is an incorporation paragraph to which no responsive pleading is required. 4 21. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 22. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the payments and purchases made by Plaintiff were not conditional. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff made the payments and purchases as gifts to Defendant. 23. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court dismiss Plaintiffs Count II and enter judgment in her favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. NEW MATTER 24. Defendant hereby incorporates by reference paragraphs 1 through 23 of this Answer with New Matter and Counterclaims as if fully set forth herein. 25. Plaintiffs Complaint fails to state a claim for breach of contract/replevin against Defendant for which relief can be granted. 26. Plaintiffs Complaint fails to state a claim for quantum meruit against Defendant for which relief can be granted. 5 27. Plaintiff's claims against Defendantl may be barred, in whole or in part, by the Doctrine of Laches. 28. Plaintiff's claims against Defendant may be barred, in whole or in part, by the Doctrine of Unclean Hands. 29. Plaintiff's claims against Defendant may be barred, in whole or in part, by the doctrines of waiver and estoppal. 30. Plaintiff's claims against Defendant may be barred, in whole or in part, by lack of consideration. 31. Plaintiff s claims against Defendant may be barred, in whole or in part, for failure to properly allege damages. 32. Plaintiff s claims against Defendant may be barred, in whole or in part, by failure to mitigate damages. 33. Defendant was employed by Plaintiff as a licensed real estate agent. 34. In exchange for her services as a licensed real estate agent, Defendant was entitled to receive commissions from Plaintiff for the real property that she sold or leased. 35. At the time that Defendant left Plaintiffs employ in June 2008, Plaintiff owed Defendant earned commissions in the amount of $11,399.75. 36. Despite repeated demands, Plaintiff has failed to pay Defendant her earned commissions. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in her favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. 6 COUNTERCLAIMI LIQUIDATED DAMAGES, INTEREST AND ATTORNEYS' FEES PURSUANT TO THE PENNSYLVANIA WAGE PAYMENT AND COLLECTION LAW 37. Defendant hereby incorporates by reference paragraphs 1 through 36 of this Answer with New Matter and Counterclaims as if fully set forth herein. 38. Plaintiff owed earned wages in the amount of $11,399.75 to Defendant based on her employment with Plaintiff as a licensed real estate agent in 2008. 39. Plaintiff, without any good faith reason, has refused to unconditionally pay the earned wages to Defendant. 40. Plaintiff's refusal to unconditionally pay the total earned wages to Defendant constitutes a violation of the Pennsylvania Wage Payment and Collection Law. 41. Defendant makes a claim for liquidated damages pursuant to 43 P.S. § 260.10, attorneys' fees pursuant to 43 P. S. § 260a(f), and interest at the statutory rate of 6% from 2008. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court enter judgment in her favor and against Plaintiff Don Paul Shearer for liquidated damages, attorneys' fees and interest, together with costs associated therewith and any further relief as this Court may deem just and equitable. COUNTERCLAIM II UNJUST ENV ICHMENT 42. Defendant hereby incorporates by reference paragraphs 1 through 41 of this Answer with New Matter and Counterclaims as if fully set forth herein. 43. Defendant conferred a benefit onto Plaintiff when she performed the services of a licensed real estate agent and sold and leased real property for Plaintiff. 44. In exchange for her services as a licensed real estate agent, Defendant was entitled to receive commissions from Plaintiff for the real property that she sold or leased. 7 45. Despite repeated demands, Plaintiff has failed to pay Defendant her earned commissions. 46. By refusing to pay Defendant her earned commissions, Plaintiff has been unjustly enriched in the amount of $11,399.75. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court enter judgment in her favor and against Plaintiff Don Paul Shearer together with costs associated therewith and any further relief as this Court may deem just and equitable. Date: September 8, 2010 Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. By: All Aa Peter M. Good, .squire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendant 8 VERIFICATION I, Renee M. Rhoads Evans, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. ?f Date: Renee M. Rhoads Evans DON PAUL SHEARER, Plaintiff, V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, Defendant. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : No. 2010-CV-9299-CV : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Defendant's Answer with New Matter and Counterclaims to Plaintiff s Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 SMIGEL, ANDERSON & SACKS, L.L.P. Date: September 8, 2010 By: A, (M Peter M. Good, Esq ire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendant VERIFICATION I, Don Paul Shearer, hereby verify that the facts contained in the foregoing b R& r L&-KT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Don Paul Shearer Date: P 2''m 1D) ) 'C1? O 't1 rna7 Howard B. Krug, Esquire ..??s ma ..p © ID #16826 Purcell, Krug & Haller a. 1 's'? 1719 North Front Street H i b PA 171 2 C ?r C 2? 0 C"3 arr urg, s 0 ,r n (717) 234-4178 © hkrug&kh.corn -?; DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 111-3a344 Civil mow. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants CIVIL ACTION - LAW MOTION FOR WRIT OF SEIZURE AND NOW comes the Plaintiff, Don Paul Shearer, by his attorneys, Purcell, Krug & Haller, who moves for a Writ of Seizure of certain personal property and avers as follows: 1. Don Paul Shearer is the Plaintiff in an action docketed to the above term and number between himself and the Defendants. A copy of the Complaint is attached hereto as Exhibit "A". 2. A principal cause of action is one for replevin, which requests that the Court order Defendants to deliver to Plaintiff a 2003 BMW X5 and all unreturned personalty located in the vehicle on February 16, 2011, when Defendants took the 1 vehicle from the parking area around the Wormlesyburg Borough Hall, Wormleysburg, Cumberland County, Pennsylvania. 3. Plaintiff purchased and maintained the vehicle on and after November 9, 2005, and neither Defendant ever paid anything to purchase or maintain it in any way. 4. Said automobile had consistently been used exclusively and solely by the Plaintiff as his personal and business vehicle, which had never been in the possession of Defendants until February 16, 2011. 5. Although Plaintiff titled the vehicle jointly with Defendant, Renee M. Rhoads (hereinafter "Renee"), no gift was ever completed, as Plaintiff always retained the title, the keys and all duplicate keys, and Plaintiff was the only person who used and possessed the vehicle since its purchase, until February 16, 2011. 6. Plaintiff believes and therefore avers that Renee made misrepresentations to a BMW dealer to secure a duplicate set of keys, as an owner who lost her keys, and thereafter, in conjunction with her husband, Greg Evans (hereinafter "Evans"), surreptitiously removed and took possession of the BMW with the personal and business items located therein on February 16, 2011. 7. Plaintiff believes and therefore avers that Defendants removed the vehicle from Cumberland County to Berks County on February 16, 2011 and secreted it in a location only known to them, thereby depriving Plaintiff of his use and enjoyment of the same intentionally. 8. Plaintiff believes that Defendants have two vehicles of their own and neither need nor use the subject vehicle, having removed it only for vindictive and 2 malicious purposes, in order to cause the Plaintiff emotional distress, anguish and the loss of use of an essential tool to conduct his professional appraisal business. 9. Defendants have also attempted to use their possession of the vehicle as a bargaining chip to persuade Plaintiff to make concessions in a lawsuit pending in Dauphin County between Plaintiff and Renee, which suit does not include Evans. 10. As stated in Paragraph 16 of the Complaint in this action, Renee has conceded in the Dauphin County action that the BMW should belong solely to Plaintiff. 11. In addition to the vehicle itself, the vehicle housed the personal property partially identified and valued in Exhibit "B" hereof, which has been unlawfully retained by Defendants without right to do so. 12. Plaintiff cannot fully identify all missing personalty or place a value on same until he has an opportunity to examine the BMW to refresh his recollection. 13. The aforesaid vehicle has an approximate current value of $12,500, and, at most, Renee's gross interest is $6,250, assuming the existence of a completed, unconditional gift. 14. Plaintiff needs this vehicle and its contents returned immediately to fully function in his business. 15. Plaintiff hereby asks the court to issue a Writ of Seizure for the foregoing BMW and its contents, without bond, as any interest Renee may enjoy will be preserved in the Dauphin County action and by the current joint titling (Renee having no possessory right to Shearer's personal property). 3 WHEREFORE, Plaintiff requests this Honorable Court to: (a) Schedule an immediate hearing on the foregoing Motion for Writ of Seizure; (b) Thereafter, issue a Writ of Seizure for the 2003 BMW X5 and its missing contents, presently in the possession of Defendants; or, in the alternative, pay to Plaintiff the full replacement value of the BMW ($12,500) and contents; (c) Order the Defendants to pay Plaintiff's attorney's fees for the filing and prosecution of this Motion for Writ of Seizure, plus all costs, fees and expenses he has incurred; and (d) Such other relief as the Court deems equitable and just. PURCELL, KR By: DATE: 3 - zq - 2oj( H d B. Krug TEss uiG ID 6826 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff ER 4 ? ???? Howard B. Krug, Esquire ID *16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug@pkh.com DON PAUL SHEARER, Plaintiff V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 EXHIBIT Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug@pkh.com DON PAUL SHEARER, Plaintiff V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Don Paul Shearer, by his attorneys, Purcell, Krug & Haller, and files the following Complaint: FACTS 1. Plaintiff is Don Paul Shearer (hereinafter "Shearer") an adult individual residing at 422 North Front Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendants are Renee M. Rhoads Evans, formerly Renee M. Rhoads, (hereinafter "Renee") and Greg Evans (hereinafter "Evans"), adult married individuals currently residing at 457 Texter Mountain Road, Robesonia, Berks County, Pennsylvania. 1 3. On November 9, 2005, Shearer purchased a 2003 BMW X-5 (hereinafter "BMW") 4. Shearer paid the full $39,000 purchase price but titled the BMW jointly, in the name of himself and Renee, in contemplation of marriage to Renee. 5. Since November 9, 2005, Shearer has been in constant and exclusive control of and sole possession of the BMW, its title and its keys, until February 16, 2011. 6. At no time has either Defendant had possession, control, keys to, or use of the BMW, until February 16, 2011. 7. Since the purchase date, Shearer was the only owner who paid for, used, insured, and maintained the BMW, and no contribution of any kind was every made by Defendants. 8. On or about June 2008, Renee ended the engagement, no marriage even occurred, and the parties went their separate ways. 9. After many requests for the return of the engagement ring and furniture, and for Renee to sign over the title to the BMW, all of which actions were taken in reliance on the parties getting married, Shearer filed a civil action against Renee for Breach of Contract/Replevin and Quantum Meruit on July 15, 2010, in Dauphin County. (A copy of the Dauphin County Complaint is attached hereto as Exhibit "A".) 10. Shearer did not ask the Dauphin County Court to order replevin of the BMW, because he then had possession. 2 11. It is believed and therefore averred that in mid February 2011, Renee went to several BMW dealers until she found one to provide her with a duplicate set of keys, using the pretext that she, a titled owner, had "lost" her keys. 12. In the evening of February 16, 2011, one or both Defendants used the duplicate keys to unlock and take possession of the BMW, which was parked at or about the Wormleysburg Boro Hall at 20 Market Street, Wormleysburg, Cumberland County, Pennsylvania, where Shearer attended a meeting. 13. Defendants also took possession of all Shearer's personal and business property located therein; i.e., a large compact disc collection, confidential files belonging to third parties, personal and business documents, and other items of Shearer that neither Defendant had any right to possess. 14. Without an inspection of the vehicle to refresh his recollection, Plaintiff cannot accurately identify and value all missing items with particularity; however, Plaintiff has attached a list of personalty and values for those items he personally recalls and which are still missing. (See Exhibit "B" attached hereto.) 15. This Court has jurisdiction, as the BMW was furtively taken by Defendants from Cumberland County. 16. It is believed that Defendants vindictively removed the vehicle and personalty to Berks County, where it has been hidden and they reside, depriving Shearer of the use and enjoyment of his vehicle and its contents. 17. Shearer notified police when he realized his vehicle had been stolen. 3 18. When the police questioned Renee, she advised that she doesn't have the car and doesn't know anything about the missing car. (See Police Report attached hereto as Exhibit "C".) 19. The following morning, after a "Stolen Vehicle" report was issued by the police, Evans called and advised the Chief of Police that he took the car, without notice to Shearer, and Renee had possession of it. (See Exhibit "C" attached hereto.) 20. Renee understands that she has no possessory or ownership right to the BMW, as Renee responded to Paragraph 16 of Plaintiff's Dauphin County Complaint (Exhibit "A"), which stated that Renee had failed or unreasonably refused to transfer to Shearer her interest in the 2003 BMW, as follows: "Defendant has not failed or refused to transfer her interest in the 2003 BMW to Plaintiff. To the contrary, Defendant has previously demanded that Plaintiff remove her name from the vehicle title." See Paragraph 16 of Defendant's Answer, a copy of which is attached hereto as Exhibit "D". 21. It is further believed and therefore averred that as a result of the filing of Shearer's Dauphin County lawsuit, Defendants conspired to deprive Shearer of what has been his mobile office for his appraisal business. 22. As a result of a police demand, on penalty of arrest, Defendants finally returned many less valuable or important items of personalty, while retaining the most important or valuable items, claiming they cannot find the missing items, despite the obvious and open vehicle locations of the items on February 16, 2011. A list of the items still missing is attached hereto as Exhibit "B". 4 23. It is believed and therefore averred that the fair value of Shearer's use, business use, and enjoyment of the BMW and contents is $150 per day, which to March 25, 2011, comes to 37 days or $5,550. 24. Defendants each have their own respective vehicles, and, thus, have no need for the BMW. 25. It is believed and therefore averred that Defendants have intentionally deprived Plaintiff of the vehicle to cause him great emotional distress and anguish, as well as to use the vehicle as a negotiating "chip" in the Dauphin County case, referenced previously. 26. Despite demand, both Defendants have failed and/or refused to return either the BMW or all the missing personal property which was located therein at the time Defendants removed. COUNT I - REPLEVIN 27. Paragraphs One through Twenty-Six are incorporated herein by reference thereto. 28. Shearer has a clear possessory right to the BMW superior to the Defendants, as this was not a completed gift, it was conditioned on the occurrence of the marriage of the parties, and Defendants always recognized, per Renee's pleading, that Shearer has the sole right to possession. 29. Also, Shearer has a clear possessory right to his and third party personal and business records, and he needs to inspect the BMW to present a more complete list with values. 5 30. Defendants should not be rewarded for their actions, and Shearer cannot continue to operate his appraisal business without the return of his mobile office. 31. The BMW is currently worth approximately $12,500. 32. Defendants should either return the vehicle or pay Shearer the full value of the vehicle - $12,500. 33. Defendants should not be permitted to retain personal property that was in the vehicle on February 16, 2011, or they should pay Shearer the value of said property. 34. Defendants should also indemnify Shearer and hold him harmless against the actions of third parties whose financial and business records were in the BMW on February 15, 2011. 35. Defendants should pay Shearer the value of his loss of use and enjoyment of his mobile office, since February 16, 2011 at $150 per day, which totals $5,550 through March 25, 2011. WHEREFORE, Shearer requests that this Honorable Court issue a Court Order awarding Shearer the following relief: A. Defendants shall return the BMW in question to Shearer in the same good condition it was in when they removed it on February 16, 2011, as well as all personalty asserted by Shearer to be missing; B. Alternatively, Defendants shall pay to Shearer the sum of $12,500 for the BMW and an as yet undetermined sum for the missing personal property; 6 C. Defendants shall pay damages to Shearer for his period of lost use and enjoyment, which, at $150 per day for a mobile office comes to $5,550 through March 25, 2011; D. Defendants shall pay Plaintiffs for the costs of this action and his reasonable attorney fees; and, E. Any further relief this Court may deem appropriate. COUNT 11 - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 36. Paragraphs One through Thirty-Five are incorporated herein by reference thereto. 37. Defendants took Shearer's vehicle with the specific intent to cause him great emotional distress, anguish, and loss to his business 38. Shearer has had great difficulty sleeping, focusing, and carrying on his appraisal business, owing to the onset of frustration, anger, and depression related to his apparently being stalked and his vehicle taken while he attended a business meeting. 39. Owing to his physical condition, Shearer cannot take anti-depressants or similar medications to assist him in the alleviating these emotions. 40. Causing Shearer major emotional distress is the very reason Renee changed her position, now contradicting her prior stated position that Shearer should be the sole titled person in possession of the vehicle. 41. Renee intentionally lied to police when she told them she knew nothing of the car or its disappearance, despite Evans' (her husband) admission to the police the very next day that she had the vehicle. See Exhibit "C". 7 42. Defendant's intentional and outrageous conduct, despicably planned to cause Plaintiff great harm emotionally and in his business, merits both compensatory and punitive damages. WHEREFORE, Plaintiff demands that this Honorable Court enter judgment against Defendants in an amount sufficient to compensate Plaintiff for his losses and damages, in excess of the arbitration limits of this Court, as well as punitive damages for their outrageous, malicious and willful conduct intended to cause great emotional distress and harm to Plaintiff. By: PURCELL, KRUG & R 8 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff rv ?. o 0 - ? t C ? 1 - F - J Howard B. Krug, Esquire PA Supreme Court ID# 16826 Purcell, Krug & Haller 1719 North Front Street -{ w Harrisburg, PA 17102 Phone: (717) 234-4178 Fax: (717) 234-0409 hkrugp,okh.corn DON PAUL SHEARER, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, Defendant N0.0 CQ QlaQQ, CV : CIVIL ACTION -LAW 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. EXHIBIT DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 NOTICE CONCERNING MEDIATION OF ACTIONS PENDING BEFORE THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY The Judges of the Court of Common Pleas of Dauphin County believe that mediation of lawsuits is a very important component of dispute resolution. Virtually all lawsuits can benefit in some manner from mediation. The Court has adopted Dauphin County Local Rule 1001 to encourage the use of mediation. This early alert enables litigants to determine the best time during the life of their lawsuit for a mediation session. The intent of this early alert is to help the parties act upon the requirement to consider good faith mediation at the optimal time. The Dauphin County Bar Association provides mediation services and can be reached at 717-232-7536. Free mediation sessions for pro bono cases referred by MidPenn Legal Services are available through the DCBA. A V I S 0 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) dias despu6s de [a 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 aqui en contra suya. Se le advierte de que si usted falls de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en [a demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ES T E DOCUMEN T O A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 AVISO REFERENCES A LA MEDIACI6N DE LAS ACCIONES PENDIENTES ANTES LA CORTE DE SOPLICAS COMUNES DEL CONDADO DE DAUPHIN Los jueces de la corte de suplicas comunes del condado de Dauphin creen qua la mediaci6n de pleitos as un componente muy importante de la resoluci6n del conflicto. Virtualmente todos los pleitos pueden beneficiar de cierta manera de la mediaci6n, La code ha adoptado la regla local de condado de Dauphin 1001 para animar el use de la mediacion. Esta alarma temprana permite a litigantes determiner la major epoca durante la vida de su pleito para una sesi6n de la mediacibn. El intento de esta alarma temprana as actuar sobre la medi2ci6n de la buena fe an el tiempo optimo. La asociaci6n de la Barra del condado de Dauphin propcrciona servicios de la mediaci6n y se puede alcanzar an 717-232-7536. La sesi6n libre de la mediation para los favorables cases del bono se refinio pcr MidPenn qua los servicios juridicos estan disponibles con el DCBA. ' N O ti` O L _ O __ . C) q :NO. R M Q\Q wt CV CIVIL ACTION - LAW COMPLAINT COMES NOW, Plaintiff, Don Paul Shearer, by his attorneys, Purcell, Krug & Howard B. Krug, Esquire ca r PA Supreme Court ID# 16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 Fax: (717) 234-0409 hkruaCcr?pkh com DON PAUL SHEARER, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, Defendant Haller, and files the following Complaint: 1. Plaintiff is Don Paul Shearer an adult individual residing at 422 North Front Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant is Renee M. Rhoads Evans, formerly Renee M. Rhoads, an adult individual currently residing at 457 Texter Mountain Road, Robesonia, Berks County, PA. COUNT I BREACH OF CONTRACTlREPLEVIN 3. Defendant formerly resided at 710 N. Highlands Drive, Harrisburg, Dauphin County, Pennsylvania (hereinafter "Former Home") 4. On or about November 2005, after one and a half (1 ?/2) years of dating, the parties agreed at Defendant's Former Home to get married at a future date. 5. Thereafter, in further anticipation of and reliance upon a marriage actually occurring, in November 2005, Plaintiff titled a 2003 BMW X5 he was purchasing for $38,683 in the names of both parties. 6. In further anticipation of and conditioned upon their future marriage, in December 2005 Plaintiff began paying for the benefit of Defendant the sum of $525 per month for a period of thirty (30) months toward her lease of a 2006 BMW, which payment, totaling $15,750, afforded Defendant the use of a new car and significant credit toward her eventual purchase of the vehicle at the conclusion of the lease. 7. Thereafter, on or about April 13, 2006, in furtherance of and conditioned upon the marriage of the parties, Plaintiff deposited $5,000 toward the purchase of a 5.03 carat diamond engagement ring having a total cost of $59,500. 8. In Easter 2007, the parties returned to Aruba, Plaintiff paid the balance of $54,500, and Defendant was given the engagement ring to formalize their marital agreement. 9. A Certified Appraisal of the ring determined it was worth $70,000. 10. Thereafter, in further anticipation of and conditioned upon their marriage, Plaintiff purchased from Ashley Furniture approximately $3,000 of living room furniture, which was placed in Defendant's Former Home, pending the actual marriage of the parties. 11. All of the personal property, the interest in title, and the sums paid by Plaintiff, identified in Paragraphs 5-9 hereof, were expressly and impliedly conditioned on the marriage of the parties and shall be hereinafter collectively referred to as "Marriage Items". 12. On or about June 2008, Defendant broke off the engagement, retaining possession of all the Marriage Items. 13. Defendant has also remained on the title of the 2003 BMW X5 as joint owner, although Plaintiff fully paid for the vehicle at the time of purchase. 14. Defendant has never paid anything for her interest in any of the Marriage Items. 15. Plaintiff has demanded that Defendant return the Marriage Items, transfer to Plaintiff her interest in the 2003 BMW X5 (sign over title), and reimburse Plaintiff for his lease payments on her vehicle, totaling $15,750. 16. Despite Plaintiff's reasonable demands, Defendant has unreasonably failed and refused to return the Marriage Items, transfer to Plaintiff her interest in the 2003 BMW, and reimburse him for lease payments on her BMW. 17. At various times Defendant has agreed to return the engagement ring, only to later claim she lost it or could not find it. ? 18. Plaintiff is concerned that the ring and other personal property may have been transferred, sold, lost, or destroyed. 19. Alternatively, if Defendant has sold, lost, or wishes to retain some or all of the Marriage Items, she should pay to Plaintiff their full current fair market value or cost, as follows: a. Engagement Ring - $70,000 (subject to current appraisal) b. 2003 BMW X5 - $38,683 C. Ashley Furniture (living room furniture) - $3,000 d. Total of Monthly cash payments to Defendant - $15,750 plus interest. WHEREFORE, Plaintiff requests that Defendant be ordered to return the Marriage Items, or in the alternative, pay to Plaintiff the sum of $127,433, plus interest. COUNTI QUANTUM MERUIT 20. Paragraphs One through Nineteen are incorporated herein by reference thereto. 21. In the event Plaintiff's claim for relief under Count I is dismissed for any reason, it is believed and therefore averred that Defendant has been unjustly enriched and significantly benefitted as a result of Plaintiffs conditional payments and purchases. 22. Defendant has received the benefit of personal property and cash payments totaling $127,433 without any justification. To allow Defendant to retain these benefits would be unjust. a ' 23. It is believed and therefore averred that Defendant's benefit is $127,433. WHEREFORE, Plaintiff demands that judgment be entered in his favor and against Defendant in the amount of $127,433 plus interest from June 1, 2008. PURCELL, KRUG & HP(L.LER rn 1D #:.1''6826 1 1 orth Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff Dated: -7 - `',20 10 VERIFICATION I, Don Paul Shearer, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ?19/aoiu I Final List of Personal Property (In X-5 when taken on February 16, 2011) • Legal file with Lehigh Valley International Airport & Piscotti/Flynn files • Larger CD tape case with app. 40 tapes or more (Value - app. $800) • (1) pair of RayBan non-prescription sunglasses in leather case (Value - $110) • Small boat bag with boat key and other small boat items (Value - $50) • Leather notebook & pad (Value - $50 • Several small office files & loose legal pad with many notes, phone numbers, etc. • Battery jumper cables (in tire well) & vehicle maintenance items in side rear panels (Value - $40) Total value of items with monetary value - $1,050 Partial list of CD tapes (that I specifically remember (4) Rod Stewart (4) Beatles (including double white album (2) Simon & Farfunkel (4) 50's & 60's oldies (4) Jimmy Buffett (4) Fleetwood Mac (1) Flashdance sound track (4) Elvis Presley (2) Judy Collins (2) Peter, Paul & Mary (2) Carly Simon (2) James Taylor (1) Fats Domino (4) Four Seasons EEXHiBiT DIS02M C. A P I T O L A R E A DATE: 11/02/22 DIS02DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:31 F 20110200273 DISPATCH COMMENTS INQUIRE WSR CMH3 - -- --------------- WSR2 ADDED UPDATED COMMENT` SEQ# 110216 RAT1 110217 MLH2 SHEARER REPORTED THAT HE PARKED HIS 2003 BMW SUV 0001 110216 RAT1 BEARING PA REGISTRATION GFK8688 IN FRONT OF 20 0002 110216 RAT1 MARKET ST WORMLEYSBURG, PA. WHILE HE WENT INTO 0003 110216 RAT1 THE BORO HALL FOR A MEETING. THIS WAS AT 1830HRS. 0004 110216 RAT1 AT 2010HRS HE CAME OUT AND THE VEHICLE WAS 0005 110216 RAT1 GONE. THE VEHICLE WAS LOCKED WITH AN ALARM 0006 110216 RAT1 ACTIVATED. THE REGISTRATION AND INSURANCE CARDS 0007 110216 RAT1 WERE INSIDE. THE CAR IS PAID FOR. NO GPS ON BOARD 0008 110216 RAT1 CAR FOR TRACKING. THE VEHICLE IS WHITE IN COLOR 0009 110216 RAT1 WITH TAN INTERIOR. DON HAS BOTH KEYS TO THE CAR. 0010 110216 RAT1 0011 110216 RAT1 DON ADVISED HE IS IN COURT WITH RENEE OVER A VERY 0012 110216 RAT1 NASTY SPLIT AND A $70,000. RING HE GAVE HER THE 0013 110216 RAT1 CAR IS ALSO IN HER NAME. I CALLED RENEE AND SHE 0014 110216 RAT1 ADVISED SHE DOESN'T HAVE THE CAR AND DOESN'T KNOW 0015 1.10216 RAT1 ANYTHING ABOUT THE MISSING CAR. I CALLED CHRIS 0016 110216 RAT1 GARCIA WHO IS RENEE'S SON. HE WORKS FOR DON. 0017 FUNCTION: F=PF 1=DIS 3=NAM 4=UN S=SPNO J=MEV P=PRL O=NOTIF T=TM M=MENU E =EXIT PRESS ENTER TO CONTINUE, OR SELECT OTHER FUNCTION (PF8=PF) EXHIBIT DIS02M C A P I T O L A R E A DATE: 11/02/22 DIS02DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:33 F 20110200273 DISPATCH COMMENTS INQUIRE WSR CMH3 WSR2 ADDED UPDATED COMMENT SEQ# 110216 RAT1 HE DIDN'T CALL ME BACK. I CALLED DON BACK AND 0018 110216 RAT1 ASKED HIM IF HE HEARD ANY FURTHER INFORMATION ON 0019 110216 RAT1 THE CAR FROM CHRIS. HE ADVISED HE WAS ON THE 0020 110216 RAT1 PHONE WITH CHRIS AND ADVISEDCHRIS KNOWS NOTHING 0021 110216 RAT1 ABOUT THIS. DON ADVISED THE CAR COULD HAVE BEEN 0022 110216 RAT1 STOLEN BY RENEE'S HUSBAND. 0023 110216 RAT1 0024 110216 RAT1 DON ADVISED HE AND RENEE WERE NEVER MARRIED BUT 0025 110216 RAT1 THE CAR IS REGISTERED IN BOTH NAMES. 0026 110216 RAT1 0027 110216 RAT1 VEHICLE ENTERED AS A STOLEN VEHICLE. 0028 110216 RAT1 0029 110216 RAT1 I RECEIVED A CALL BACK FROM CHRISTOPHER GARCIA 0030 110216 RAT1 AND HE ADVISED HE KNOWS NOTHING ABOUT THIS 0030 110216 RAT1 VEHICLE BEING STOLEN. 0030 110216 RAT1 0030 110216 RAT1 SV REPORT TO FOLLOW. 0030 FUNCTION: F=PF 1=DIS 3=NAM 4=UN 5=SPNO J=MEV P=PRL O=NOTIF T=TM M=MENU E=EXIT PRESS ENTER TO CONTINUE, OR SELECT OTHER FUNCTION (PF7=PB PFB=PF) DIS02M C A P I T O L A R E A DATE: 11/02/22 DIS02DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:35 3 20110200273 ---------- DISPATCH COMMENTS INQUIRE - --------- - -- - -- WSR CMH3 WSR2 ADDED UPDATED 110216 RAT1 110217 MLH2 110217 MLH2 110217 MLH2 110217 MLH2 110217 MLH2 110217 MLH2 110217 MLH2 110217 MLH2 110217 MLH2 COMMENT SEQ# 0030 ++ UPDATE 02/17/2011 - CHIEF HOPE ++ 0031 0031 I RECEIVED A CALL FROM RENEE EVANS HUSBAND AND 0031 SPOKE TO HER ON THURSDAY MORNING AND GREG STATED 0031 THAT HE TOOK THE VEHICLE AND RENEE HAS IT NOW. 0031 0031 NO THEFT. NCIC ENTRY CANCELLED AND RV REPORT 0031 ENTERED. 0031 FUNCTION: F=PF 1=DIS 3=NAM 4=UN 5=SPNO J=MEV P=PRL O=NOTIF T=TM ALL COMMENTS SHOWN - SELECT NEXT FUNCTION (PF7=PB) 0031 0000 0000 0000 0000 0000 0000 0000 M=MENU E=EXIT DIS03M C A P I T O L A R E A DATE: 11/02/22 DIS03DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:36 F 20110200273 DISPATCH NAMES INQUIRE WSR CMH3 WSR2 LAST NAME SHEARER (OR REFERENCE INC# - YYYYMMDDDDD, TYPE=I) F:I=INQ FIRST NAME: DON MIDDLE INIT: P TELEPHONE: 717 576 5321 TYPE: V (S=SUSP A=ACCUSED C=COMPL R=REPT-BY W=WITNESS V=VICTIM 0=OTHR) COMMENT: 422 N FRONT ST WORMLEYSBURG, PA. 17043 W/M 12/21/43 LAST NAME: EVANS FIRST NAME: RENEE MIDDLE INIT: M TELEPHONE: 717 903 5311 TYPE: V COMMENT: 457 TEXTER MOUNTAIN RD ROBESONIA, PA. 19551 W/F 6/23/59 LAST NAME: GARCIA FIRST NAME: CHRISTOPHER MIDDLE INIT: J TELEPHONE: 717 579 9225 TYPE: 0 COMMENT: 203 ACRE DR CARLISLE, PA. 17013 W/M APPROXIMATELY 28YRS OF AGE FUNCTION: F=PGF 1=DISP 2=COM 4=UN H=HITS S=SRCH I=INC-INQ W=WAR M=MENU E=EXIT PRESS ENTER TO CONTINUE, OR SELECT OTHER FUNCTION DIS03M C A P I T O L A R E A DATE: 11/02/22 DIS03DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:38 4 20110200273 DISPATCH NAMES INQUIRE WSR CMH3 WSR2 LAST NAME: EVANS (OR REFERENCE INC# - YYYYMMDDDDD, TYPE=I) F:I=INQ FIRST NAME: GREGORY MIDDLE INIT: C TELEPHONE: 610 781 4962 TYPE: 0 (S=SUSP A=ACCUSED C=COMPL R=REPT-BY W=WITNESS V=VICTIM 0=OTHR) COMMENT: 457 TEXTER MOUNTAIN RD ROBESONIA, PA 19551 W/M 10/31/1955 LAST NAME : FIRST NAME: MIDDLE INIT: TELEPHONE: 000 000 0000 TYPE: COMMENT: LAST NAME: FIRST NAME: MIDDLE INIT: TELEPHONE: 000 ODO 0000 TYPE: COMMENT: FUNCTION: F=PGF 1=DISP 2=COM 4=UN H=HITS S=SRCH I=INC-INQ W=-WAR M=MENU E=EXIT ALL NAMES SHOWN - SELECT NEXT FUNCTION DIS04MI C A P I T O L A R E A DATE: 11/02/22 DIS04DI LAW ENFORCEMENT RESOURCE NETWORK TIME: 13:33:39 H 20110200273 DISP UNIT / OFFICERS RESPONDING INQUIRE WSR CMH3 WSR2 UNIT TYP BADG OFFICER-NAME DATE DISP ARRV CLRD REP ADD-DT-TIME-USER UPD-DT-TIME-USER 3202 P 3211 TAYLOR RAY A 11/02/16 2024 2030 2109 Y WSR 110216 2148 RAT1 FUNCTION: F=PGFWD 1=DISP 2=COMM 3=NAME H=HITS S=SEARCH M=MENU E=EXIT ALL UNITS SHOWN - SELECT NEXT FUNCTION DON PAUL SHEARER, Plaintiff, V. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : No. 2010-CV-9299-CV RENEE M. RHOADS EVANS, CIVIL ACTION - LAW formerly RENEE M. RHOADS, o Defendant. a - - 3 NOTICE TO PLEAD ?= ? ='Y` '? 'A- i,f: F TO: Don Paul Shearer, Plaintiff ?' - c/o Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 You are hereby advised to file a written response to the enclosed Answer with New Matter and Counterclaims to Plaintiffs Complaint within twenty (20) days from service hereof, or judgment may be entered against you. SMIGEL, ANDERSON & SACKS Date: 0 By: Z( J M &)7j Vil Peter M. Go , squ' e ID #64316 Jessica E. Mercy, Esquire ID #206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys far Defendant EXFIIBR SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire I.D. No. 64316 Jessica E. Mercy, Esquire I.D. No. 206405 Attorneys for Defendant Denise Dommel DON PAUL SHEARER, Plaintiff, V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, Defendant. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2010-CV-9299-CV CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIMS TO PLAINTIFF'S COMPLAINT AND NOW COMES, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, by and through her attorneys, Smigel, Anderson & Sacks, LLP, who files the following Answer with New Matter and Counterclaims to Plaintiff s Complaint and in support thereof avers as follows: a ANSWER 1. Admitted upon information and belief. co r, >? r? 2. Admitted. `-' COUNTI ci BREACH OF CONTRACT/REPLEVIN 3. Admitted. 4. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, at no time did Plaintiff and Defendant agree to get married at a future date. 5. Admitted in part and denied in part. It is admitted that Plaintiff titled a 2003 BMW X5 in the names of Plaintiff and Defendant. It is denied that Plaintiff did so in anticipation of and reliance upon a marriage actually occurring between the parties. Plaintiff and Defendant never agreed to get married. 6. Admitted in part and denied in part. It is admitted that in December 2005, Plaintiff began paying $525 per month towards Defendant's lease on her 2006 BMW and that Plaintiff made these payments for a period of approximately thirty (30) months. It is denied that such payments were made in anticipation of and conditioned upon the parties' future marriage, Plaintiff and Defendant never agreed to get married. Plaintiff made these payments as a gift to Defendant. 7. Admitted in part and denied in part. It is admitted that on or about April 13, 2006, Plaintiff deposited $5,000 toward the purchase of a 5.03 carat diamond ring having a total cost of $59,500. It is denied that the ring was an engagement ring and that the $5,000 deposit was made in furtherance of and conditioned upon the marriage of the parties. Plaintiff and Defendant never agreed to get married. 8. Admitted in part and denied in part. It is admitted that Plaintiff and Defendant returned to Aruba at Easter 2007 and that Plaintiff paid the remaining balance of $54,500 on the ring and gave the ring to Defendant. It is denied that the ring was an engagement ring and that the ring was given to Defendant to formalize the parties' marital agreement. Plaintiff and Defendant never agreed to get married and Plaintiff and Defendant were never engaged. Plaintiff gave the ring to Defendant as a gift. 9. Denied. The Certified Appraisal that Plaintiff references is a writing which speaks for itself, and therefore Plaintiff's summaries, conclusions or characterizations made regarding such writing are specifically denied. 2 10. Admitted in part and denied in part. It is admitted that Plaintiff purchased approximately $3,000 worth of living room furniture from Ashley Furniture for Defendant's former home. It is denied that such furniture was purchased in anticipation of and conditioned upon the marriage of the parties. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff purchased the furniture as a gift to Defendant. 11. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the sums paid Plaintiff were not expressly and impliedly conditioned on the marriage of the parties. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff paid all sums as a gift to Defendant. 12. Denied. To the contrary, Defendant did not break off an engagement between the parties. Plaintiff and Defendant were never engaged. 13. Admitted. 14. Denied. To the contrary, the items that Plaintiff references are not marriage items. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff gave the items to Defendant as gifts. 15. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the items that Plaintiff references are not marriage items. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff gave the items to Defendant as gifts. 16. Denied. The averments of this paragraph contain conclusions of law to which no 3 responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the items that Plaintiff references are not marriage items. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff gave the items to Defendant as gifts. In addition, Defendant has not failed or refused to transfer her interest in the 2003 BMW to Plaintiff. To the contrary, Defendant has previously demanded that Plaintiff remove her name from the vehicle title. 17. Denied. To the contrary, at one time, Defendant returned the ring to Plaintiff and Plaintiff, after some time, gave the ring back to Defendant stating that he did not want the ring, thereby indicating that the ring was not an engagement ring, but merely a gift to Defendant. 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph regarding Plaintiff's concerns and the averments are therefore denied, with strict proof thereof demanded at trial. 19. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the items that Plaintiff references are not marriage items. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff gave the items to Defendant as gifts. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court dismiss Plaintiff s Count I and enter judgment in her favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. COUNT H QUANTUM MERUIT 20. This is an incorporation paragraph to which no responsive pleading is required. 4 21. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 22. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the payments and purchases made by Plaintiff were not conditional. Plaintiff and Defendant never agreed to get married and were never engaged. Plaintiff made the payments and purchases as gifts to Defendant. 23. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court dismiss Plaintiff's Count II and enter judgment in her favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. NEW MATTER 24. Defendant hereby incorporates by reference paragraphs 1 through 23 of this Answer with New Matter and Counterclaims as if fully set forth herein. 25. Plaintiff's Complaint fails to state a claim for breach of contract/replevin against Defendant for which relief can be granted. 26. Plaintiff's Complaint fails to state a claim for quantum meruit against Defendant for which relief can be granted. 5 27. Plaintiff's claims against Defendantl may be barred, in whole or in part, by the Doctrine of Laches. 28. Plaintiff's claims against Defendant may be barred, in whole or in part, by the Doctrine of Unclean Hands. 29. Plaintiff's claims against Defendant may be barred, in whole or in part, by the doctrines of waiver and estoppal. 30. Plaintiffs claims against Defendant may be barred, in whole or in part, by lack of consideration. 31. Plaintiff's claims against Defendant may be barred, in whole or in part, for failure to properly allege damages. 32. Plaintiff s claims against Defendant may be barred, in whole or in part, by failure to mitigate damages. 33. Defendant was employed by Plaintiff as a licensed real estate agent. 34. In exchange for her services as a licensed real estate agent, Defendant was entitled to receive commissions from Plaintiff for the real property that she sold or leased. 35. At the time that Defendant left Plaintiffs employ in June 2008, Plaintiff owed Defendant earned commissions in the amount of $11,399.75. 36. Despite repeated demands, Plaintiff has failed to pay Defendant her earned COMM sslons. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court dismiss Plaintiff s Complaint and enter judgment in her favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. 6 COUNTERCLAIMI LIQUIDATED DAMAGES, INTEREST AND ATTORNEYS' FEES PURSUANT TO THE PENNSYLVANIA WAGE PAYMENT AND COLLECTION LAW 37. Defendant hereby incorporates by reference paragraphs 1 through 36 of this Answer with New Matter and Counterclaims as if fully set forth herein. 38. Plaintiff owed earned wages in the amount of $11,399.75 to Defendant based on her employment with Plaintiff as a licensed real estate agent in 2008. 39. Plaintiff, without any good faith reason, has refused to unconditionally pay the earned wages to Defendant. 40. Plaintiff's refusal to unconditionally pay the total earned wages to Defendant constitutes a violation of the Pennsylvania Wage Payment and Collection Law. 41. Defendant makes a claim for liquidated damages pursuant to 43 P.S. § 260.10, attorneys' fees pursuant to 43 P.S. § 260a(f), and interest at the statutory rate of 6% from 2008. WHEREFORE, Defendant Renee M. Rhoads Evans, formerly Renee M. Rhoads, respectfully requests that this Honorable Court enter judgment in her favor and against Plaintiff Don Paul Shearer for liquidated damages, attorneys' fees and interest, together with costs associated therewith and any further relief as this Court may deem just and equitable. COUNTERCLAIM II UNJUST EN$ICHMENT 42. Defendant hereby incorporates by reference paragraphs 1 through 41 of this Answer with New Matter and Counterclaims as if fully set forth herein. 43. Defendant conferred a benefit onto Plaintiff when she performed the services of a licensed real estate agent and sold and leased real property for Plaintiff. 44. In exchange for her services as a licensed real estate agent, Defendant was entitled to receive commissions from Plaintiff for the real property that she sold or leased. 7 45. Despite repeated demands, Plaintiff has failed to pay Defendant her earned commissions. 46. By refusing to pay Defendant her earned commissions, Plaintiff has been unjustly enriched in the amount of $11,399.75. WHEREFORE, Defendant Renee M. Rhoads Evans, fonnerly Renee M. Rhoads, respectfully requests that this Honorable Court enter judgment in her favor and against Plaintiff Don Paul Shearer together with costs associated therewith and any further relief as this Court may deem just and equitable. Date: September 8, 2010 Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. By: At, Aa Peter M. Good, .squire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendant 8 VERIFICATION I, Renee M. Rhoads Evans, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: lip Renee M. Rhoads Evans~ DON PAUL SHEARER, Plaintiff, V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, Defendant. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2010-CV-9299-CV CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Defendant's Answer with New Matter and Counterclaims to Plaintiff's Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail., first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 SMIGEL, ANDERSON & SACKS, L.L.P. Date: September 8, 2010 By: A, Peter M. Good, Esq ire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendant VERIFICATION I, Don Paul Shearer, hereby verify that the facts contained in the foregoing b AA 19LAV4-F are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Don Paul Shearer Date: -10 i 1110 4 ye i-l' Final List of Personal Property (In X-5 when taken on February 16, 2011) • Legal file with Lehigh Valley International Airport & Piscotti/Flynn files • Larger CD tape case with app. 40 tapes or more (Value - app. $800) • (1) pair of RayBan non-prescription sunglasses in leather case (Value - $110) • Small boat bag with boat key and other small boat items (Value - $50) • Leather notebook & pad (Value - $50 • Several small office files & loose legal pad with many notes, phone numbers, etc. • Battery jumper cables (in tire well) & vehicle maintenance items in side rear panels (Value - $40) Total value of items with monetary value - $1,050 Partial list of CD tapes (that I specifically remember (4) Rod Stewart (4) Beatles (including double white album (2) Simon & Farfunkel (4) 50's & 60's oldies (4) Jimmy Buffett (4) Fleetwood Mac (1) Flashdance sound track (4) Elvis Presley (2) Judy Collins (2) Peter, Paul & Mary (2) Carly Simon (2) James Taylor (1) Fats Domino (4) Four Seasons EXHIBIT __L_ VERIFICATION I, Don Paul Shearer, hereby verify that the facts contained in the foregoing L TUY nT" ?T ?CIZAAYU. - are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. oa_ Don Paul Shearer Date: 3 ap a6i 1 DON PAUL SHEARER, PLAINTIFF V. RENEE M. RHOADS EVANS, FORMERLY RENEE M. RHOADS, AND GREG EVANS, DEFENDANTS ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN?YLYANA c -? s-+n cc =1C Z rn- r- r =70 +" w ? =- -?? a o-n NO. 11-3234 CIVIL y? ° ' r-j AND NOW, this 28th day of March, 2011, upon consideration of the Motion for Writ of Seizure, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an Answer on or before April 18, 2011; 3. The Prothonotary will forward said Answer to this Court; 4. A hearing on the matter will be held on Tuesday, May 10, 2011, at 10:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Howard B. Krug, Esquire Attorney for Plaintiff /Renee Rhoads Evans /Greg Evans Defendants M. L. Ebert, Jr., J. ovB bas DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 11-3234 Civil Term RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, CIVIL ACTION - LAW r, Defendants. cn ? NOTICE TO PLEAD n TO: Don Paul Shearer, Plaintiff s} -v _ c/o Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 You are hereby advised to file a written response to the enclosed Defendants' Answer with New Matter to Plaintiff's Complaint within twenty (20) days from service hereof, or judgment may be entered against you. Date: April 15, 2011 SMIGEL, ANDERSON & SACKS By: kz? - 0i Peter M. Good, Esq ire ID #64316 Jessica E. Mercy, Esquire ID #206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendants SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire I.D. No. 64316 Jessica E. Mercy, Esquire I.D. No. 206405 Attorneys for Defendants DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 11-3234 Civil Term RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, CIVIL ACTION - LAW Defendants. DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW COMES, Defendants Renee M. Rhoads Evans, formerly Renee M. Rhoads, and Greg Evans, by and through their attorneys, Smigel, Anderson & Sacks, LLP, who file the following Answer to Plaintiff's Complaint and in support thereof avers as follows: ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. Denied. To the contrary, on November 7, 2005, Don Paul Shearer (hereinafter "Shearer") and Renee M. Rhoads Evans (hereinafter "Renee") jointly purchased a 2003 BMW X-5 (hereinafter the "BMW"), as evidenced by the invoice from Sun Motor Cars BMW, a true and correct copy of which is attached hereto as Exhibit "A." 4. Admitted in part and denied in part. It is admitted upon information and belief that Shearer paid the full purchase price of approximately $39,000 for the BMW. It is also admitted that the BMW was titled jointly in the names of Shearer and Renee. It is denied that the BMW was titled jointly in contemplation of a marriage between Shearer and Renee. Shearer and Renee never agreed to get married. 5. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 6. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 7. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 8. Denied. To the contrary, Renee did not end an engagement because Shearer and Renee were never engaged. 9. Admitted in part and denied in part. It is admitted that Shearer filed a civil action against Renee for Breach of Contract/Replevin and Quantum Meruit on July 15, 2010 in Dauphin County. It is denied that the ring that Shearer references is an engagement ring. Shearer and Renee were never engaged. Shearer gave the ring to Renee as a gift. It is also denied that Shearer gave Renee the ring and furniture and titled the BMW in their joint names in reliance on the parties getting married. Shearer and Renee never agreed to get married. Shearer titled the BMW in joint names and gave the ring and furniture to Renee as a gift to Renee. 10. Admitted upon information and belief. 11. Denied as stated. Renee went to the BMW dealer to obtain a duplicate set of keys as a legal owner of the BMW. As a legal owner, Renee was entitled to obtain a set of duplicate keys for the BMW. 2 12. Admitted with clarification. It is admitted that Defendants used the duplicate keys to obtain possession of the BMW. As a legal owner of the BMW, Renee was entitled to use the duplicate keys to take possession of the BMW. 13. Admitted with clarification. It is admitted that at the time that Defendants took possession of the BMW, the BMW contained some of Shearer's personal and business property. However, the personal and business items located in the BMW were delivered to Defendant's counsel and thereafter returned to Shearer. 14. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, Defendants delivered the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. 15. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants did not furtively take the BMW from Cumberland County. Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 16. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants did not vindictively remove the BMW and personalty to Berks County. Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. In addition, Defendants delivered the personal and business items located in the BMW to their counsel, 3 which personal and business items were thereafter returned to Shearer. 17. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph that Shearer notified the police when he realized that the BMW was no longer parked at the Wormleysburg Boro Hall at 20 Market Street, Wormleysburg, Cumberland County, Pennsylvania and. the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, the BMW was not stolen. To the contrary, Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. In fact, after performing an investigation, the police determined that no theft had occurred with respect to Renee's actions in taking possession of the BMW as a legal owner. See Police Report, a true and correct copy of which was attached to Shearer's Complaint as Exhibit "C." 18. Denied. The Police Report that Shearer references is a writing which speaks for itself, and therefore Shearer's summaries, conclusions or characterizations made regarding that writing are specifically denied. 19. Denied. The Police Report that Shearer references is a writing which speaks for itself, and therefore Shearer's summaries, conclusions or characterizations made regarding that writing are specifically denied. 20. Denied. The Dauphin County Complaint that Shearer references is a writing which speaks for itself, and therefore Shearer's summaries, conclusions or characterizations made regarding that writing are specifically denied. By way of further denial, Renee, as a legal owner of the BMW, has a possessory and ownership right to the BMW. It is irrelevant that Renee had previously demanded that Shearer remove her name from the vehicle title. Renee remains a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 4 21. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants did not conspire to deprive Shearer of the BMW. Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 22. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments that items contained in the BMW were returned as a result of police demand and on penalty of arrest and as to the averments that items contained in the BMW are missing and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, Defendants delivered the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. 23. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 24. Denied as stated. It is irrelevant whether Defendants each have their own respective vehicles. Renee is a legal owner of the BMW and, therefore, is entitled to possess and use the BMW. 25. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent 5 that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants have not intentionally deprived Shearer of the BMW to cause him great emotional distress and anguish or to use the BMW as a bargaining chip in the Dauphin County case. Renee is a legal owner of the BMW and, therefore, is entitled to possess and use the BMW. 26. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants delivered the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. COUNT I - REPLEVIN 27. This is an incorporation paragraph to which no responsive pleading is required. 28. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the BMW was not jointly titled as a condition of the marriage of Shearer and Renee. Shearer and Renee never agreed to get married. In addition, Shearer does not have a sole or superior right to possession of the BMW. The BMW is jointly titled in the name of both Shearer and Renee and, therefore, Renee has the same right to possession of the BMW as Shearer. 29. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants delivered all of the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. 6 30. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, the averment in this paragraph that "Defendants should not be rewarded for their actions" suggests that Defendants' actions were improper. As stated above, Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 31. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, the value of the BMW is irrelevant. Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 32. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 33. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants have not retained Shearer's personal property that were contained in the BMW. Defendants delivered all of the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. 34. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent 7 that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants delivered all of the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. 35. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendants Renee M. Rhoads Evans, formerly Renee M. Rhoads, and Greg Evans respectfully request that this Honorable Court dismiss Plaintiff Don Paul Shearer's Count I and enter judgment in their favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. COUNT II - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 36. This is an incorporation paragraph to which no responsive pleading is required. 37. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants did not take the BMW with the specific intent to cause Shearer great emotional distress, anguish and loss or loss to his business. Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 38. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, Defendants did not stalk Shearer. Defendants merely took possession of the BMW, a right that Renee has as a legal owner of the BMW. 8 39. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 40. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants did not take possession of the BMW to cause Shearer major emotional distress. Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 41. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the Police Report that Shearer references is a writing which speaks for itself, and therefore Shearer's summaries, conclusions or characterizations made regarding that writing are specifically denied. 42. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants' conduct was not outrageous or despicably planned to caused Shearer great emotional harm. Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 9 WHEREFORE, Defendants Renee M. Rhoads Evans, formerly Renee M. Rhoads, and Greg Evans respectfully request that this Honorable Court dismiss Plaintiff Don Paul Shearer's Count II and enter judgment in their favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. NEW MATTER 43. Defendants hereby incorporate by reference paragraphs 1 through 42 of this Answer with New Matter as if fully set forth herein. 44. Shearer's Complaint fails to state a claim for Replevin against Defendants for which relief can be granted. 45. Shearer's Complaint fails to state a claim for Intentional Infliction of Emotional Distress against Defendants for which relief can be granted. 46. Shearer's claims against Defendants may be barred, in whole or in part, by the Doctrine of Laches. 47. Shearer's claims against Defendants may be barred, in whole or in part, by the Doctrine of Unclean Hands. 48. Shearer's claims against Defendants may be barred, in whole or in part, by the doctrines of waiver and estoppal. 49. Shearer's claims against Defendants may be barred, in whole or in part, for failure to properly allege damages. 50. Shearer's claims against Defendant may be barred, in whole or in part, by failure to mitigate damages. 10 WHEREFORE, Defendants Renee M. Rhoads Evans, formerly Renee M. Rhoads, and Greg Evans respectfully request that this Honorable Court dismiss Plaintiff Don Paul Shearer's Complaint and enter judgment in their favor and against Plaintiff Don Paul Shearer together with any costs associated therewith. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: April 15, 2011 By: C Peter M. Good, Esq. - I.D. #64316 Jessica E. Mercy, Esquire - I.D. #206405 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendants 11 JUN-bb-cfeey le:5O I-roTI: blUbJJ615,5 10: fllb3yJb11 r..?'y VERIFICATION 1, Renee M. Rhoads Evans, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. .1 understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?l t AAA%. Cc M 6 Renee M. RI- triads Evans JUN-bC-(tUW4 1b: 3b r-rom: blbby33153 lo:(1(?343b11 r. 4'4 VERIFICATION I, Greg Evans, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subiect to the penalties of 18 Pa.C.S. {4904, relating to unsworn falsification to authorities. Date: . reg . a.ns O.V f 0510?, ru SALES P.,INN SUN MOTOR CARS E}MW STREET ENO 6843 CARLISLE PIKE '• MECHANICSBURG PA 17060 CIrY 0 snRre ZIP ?-? , PHONE • 1 697.2300 • HOME PHONE BUS: PHONE PAXT17 69T-0836 • www.* nmotor=FJmw.ootrt E-AdAU. ADDRESS . BANK AMT 0 M ' 4 YEA1 as MO D0. X5 ? Q AKE SMYV `,' ? j 7 ADDRESS TERMS . « , BOGY ,y TRANS • ,?1?TE Ony STRE ZIP MILEAGE SERIAL N ux 3 LV. STOCK Z /' o ? ? BANK PHONE REGISTERED OWNMM CTY STATE ZIP YEAR MAKE MODEL AMOUNT PER GOOD S DIEM `' UNTIL MILEAGE SERIAL NO STOCK NO . VERIFIED DAM A10 N0, TITLE NO:. TRANB.TAG NO, EXP. DATE BY t AGENT ur1 RESS OFAGENT CITY STATE ZIP POIJOYNO. E K1HT DEALER S , PER MORP M= A $ POLICY '. EXPIRE VERIFIED BY TIME DATE TYPE OF COVERAGE COLLISION: a (DEDUCTIBLE) ` COMPREHENSIVE: III (DEDUCTIBLE) The front and back of this Order com rise the • entire a reement p g effecting this purchase and- no other agreement or understanding of any nature oor)ceming same has been 'made or entered Into; or will be b O recognized. I have read the matter printed on the back hereof and agree to . ft as a art of this order the s e as It it w r b v i t d i t p am a o e e pr n e e my s gna ure, ?r I Certify that I am of legal age, and hereby acknowledge receipt of a copy of this order THIS ORDER SHALL NOT B ME BI C . E NDING UNTIL AC- O CEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE AND IN THE EVENT OF A TIME SALE, DEALER SHALL NOT BE OBLIGATED TO SELL UNTIL APPROVAL OF THE TERMS HEREOF IS GIVEN BY A BANK OR FINANCE COMPANY WILLING TO PURCHASE A RETAIL INSTALL- MENT CONTRACT BETWEEN THE PARTIES HERETO BASED ON SUCH TERMS, suE70TAl Furthermore, I agree that the above described vehicle being traded to LESS TRADE IN ALLOWANCE subject to reappraisal at the Ums of delivery and If It has accrued axceselve - 0000 FOR To RAYS ONLY) mileage, suffered or I panaloooessorles have (Including been PI? Oree? this reappraisal may after the trad®-In TAXABLE AMOUNT i allowance as shown here. I agree to be held liable It the Ilan a off amount'shown above Is t SALES TAX or 2 y p no confirmed by the partlcpating bank. In th t f 1 e even o cancellation or breach of this agreement by the buyer(s), TITLE: PREPARATION the dealer shall be emitted to retain 'as liquidated damages, the sum of REG. FEES: TEMP., TRANS PaRADt; ?? JZ?o Buyer has read and adknowisdgss all of the above provisions. PAY-O" AMOUNT (DUE ON TRADE) DATE TOTAL DUE III PUR DATE PARTIAL PAYMENT (REPUND OF DEALER) AWLE AT 8PTION ?--- 7 a CASH ON DELIVERY. ACCEPTED BY•DEALER DATE R AUTHORIZED AGENT AMOUNT FINANCED / / DON PAUL SHEARER, Plaintiff, V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-3234 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendants in the above-captioned matter, certify that I this day served a copy of the foregoing Defendants' Answer with New Matter to Plaintiff s Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Date: April 15, 2011 SMIGEL, ANDERSON & SACKS, LLP By: 40, ?X/ Peter M. Good, Esquire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendants n SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 OF T,Hk' A ? 0 Q 7A t y 2011 APR I5 PIj 4: QD CUMBERLAND COUNT? PENNSYLVANIA Peter M. Good, Esquire I.D. No. 64316 Jessica E. Mercy, Esquire I.D. No. 206405 Attorneys for Defendants DON PAUL SHEARER, Plaintiff, V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-3234 Civil Term CIVIL ACTION - LAW DEFENDANTS' ANSWER IN OPPOSITION TO PLAINTIFF'S MOTION FOR WRIT OF SEIZURE AND NOW COMES, Defendants Renee M. Rhoads Evans, formerly Renee M. Rhoads, and Greg Evans, by and through their attorneys, Smigel, Anderson & Sacks, LLP, who file the following Answer in Opposition to Plaintiff's Motion for Writ of Seizure and in support thereof avers as follows: 1. Admitted. 2. Denied. The Complaint that Plaintiff Don Paul Shearer (hereinafter "Shearer") references is a writing which speaks for itself, and therefore Shearer's summaries, conclusions or characterizations made regarding that writing are specifically denied. By way of further denial, Defendants delivered all of the personalty located in the 2003 BMW X5 (hereinafter "BMW") to their counsel, which personalty was thereafter returned to Shearer. In addition, Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 3. Admitted in part and denied in part. It is admitted upon information and belief that Shearer paid the purchase price for the BMW and that Shearer pays to maintain the BMW. It is denied that Shearer was the sole purchaser of the BMW. To the contrary, Shearer and Defendant Renee M. Rhoads Evans (hereinafter "Renee") jointly purchased the BMW on November 7, 2005, as evidenced by the invoice from Sun Motor Cars BMW, a true and correct copy of which is attached to Defendants' Answer with New Matter to Plaintiff's Complaint as Exhibit "A." 4. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 5. Admitted in part and denied in part. It is admitted that the BMW is titled jointly in the names of Shearer and Renee. However, it is irrelevant that Shearer retained the title, the keys and all duplicate keys to the BMW. Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. In addition, the BMW was not titled in the joint names of Renee and Shearer in contemplation of a marriage between Renee and Shearer. Renee and Shearer never agreed to get married. The gift was completed at the time that the BMW was purchased and titled in the joint names of Renee and Shearer. 6. Denied. It is denied that Renee made misrepresentations to a BMW dealer. Renee went to a BMW dealer to obtain a duplicate set of keys as a legal owner of the BMW. As a legal owner, Renee was entitled to obtain a set of duplicate keys for the BMW. By way of further 2 denial, Defendants did not surreptitiously remove and take possession of the BMW with the personal and business items located therein. As stated above, Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. In addition, Defendants delivered all of the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. 7. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Renee is a legal owner of the BMW and, therefore, is entitled to possession of the BMW. 8. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants did not take possession of the BMW for vindictive and malicious purposes in order to cause Shearer emotional distress, anguish or the loss of use of the BMW. Renee is a legal owner of the BMW and, therefore, is entitled to possess and use the BMW. In addition, it is irrelevant whether Defendants have two vehicles of their own. 9. Admitted in part and denied in part. It is admitted that Defendant Greg Evans (hereinafter "Evans") is not part of the action pending in Dauphin County. It is denied that Defendants have attempted to use their possession of the BMW as a bargaining chip in the Dauphin County action. Renee is a legal owner of the BMW and, therefore, is entitled to possess and use the BMW. In addition, because the BMW is owned jointly by Renee and Shearer, the value of the BMW should be considered in any discussions related to the Dauphin County action regardless of who has possession of the BMW. 3 10. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Renee has not conceded in the Dauphin County action that the BMW should belong solely to Shearer. To the contrary, Renee merely indicated that she had previously demanded that Shearer remove her name from the vehicle title. 11. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants delivered all of the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. 12. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, Defendants delivered the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. 13. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. In addition, the gift was completed at the time that the BMW was purchased and titled in the joint names of Renee and Shearer. 4 14. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 15. Denied. The averments of this paragraph contain conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Defendants delivered all of the personal and business items located in the BMW to their counsel, which personal and business items were thereafter returned to Shearer. WHEREFORE, Defendants Renee M. Rhoads Evans, formerly Renee M. Rhoads, and Greg Evans respectfully request that this Honorable Court deny Plaintiff Don Paul Shearer's Motion for Writ of Seizure. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: April 15, 2011 By: A fi( Peter M. Good, sq. - I.D. #64316 Jessica E. Mercy, Esquire - I.D. #206405 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendants 5 JUN-2e-2004 12:50 From: 6106933153 To:7172343611 P.1/4 yINIII' YCATIO1v 1, Renee M. Rhoads Evans, verily that the statements contained in the l'oregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Renee M. Rhoi ds Evans JUN-eb-bt7b4 lb:5U rrom: b1Jb7331J3 10:l1(f343bII r. d,4 VERIFICATION I, Greg 13vans, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, Information and belies; I understand that false statements therein are made subject to the penalties of 18 pa.C.S. §4904, relating to unsworn falsification to authorities. Date: , `I ) C DON PAUL SHEARER, Plaintiff, V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11-3234 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendants in the above-captioned matter, certify that I this day served a copy of the foregoing Defendants' Answer in Opposition to Plaintiff's Motion for Writ of Seizure upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Date: April 15, 2011 SMIGEL, ANDERSON & SACKS, LLP By: z ?d Peter M. Good, Esquire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendants SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire I.D. No. 64316 Jessica E. Mercy, Esquire I.D. No. 206405 Attorneys for Defendants DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLY-ANh& V. MW --:9 No. 11-3234 Civil Term= "? r?1 RENEE M. RHOADS EVANS, air, formerly RENEE M. RHOADS, and -n GREG EVANS, CIVIL ACTION - LAW Xc) Defendants. ? t ' g AFFIDAVIT I, Peter M. Good, Esquire, do hereby testify and aver the following statements to be true and correct to the best of my knowledge and belief: On Wednesday, May 25, 2011, I served a copy of the Order of Court dated May 17, 2011 on Renee M. Rhoads Evans by United States Mail, first class, postage prepaid at the address of 710 N. Highland Drive, Harrisburg, Pennsylvania 17111. 2. On Wednesday, May 25, 2011, I served a copy of the Order of Court dated May 17, 2011 on Greg Evans by United States Mail, first class, postage prepaid at the address of 457 Texter Mountain Road, Robesonia, Pennsylvania 19551. On Wednesday, May 25, 2011, I served a copy of the Order of Court dated May 17, 2011 on Howard B. Krug, Esquire, counsel for Plaintiff Don Paul Shearer, by United States Mail, first class, postage prepaid at the address of Purcell, Krug & Haller, 1719 North Front Street, Harrisburg, Pennsylvania 17102. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. SMIGEL, ANDERSON & SACKS, LLP Date: May 25, 2011 By: Peter M. Good,. Esquire ID #64316 Jessica E. Mercy, Esquire ID #206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant Sworn to and subscribed before me this day of N\/ ,2011. n _ C? Notar ublic My Commission Expires: MMONWEALTH OF PFNINQYLY NCa'?AR r l_ 'AL Gwynne C. i'ri.;aary Public Susqueh2ru: i county pY cowM ':r 2013 L NMRAI.TFI gNfYLYANiA NOTARIAL SEAL Gwynne C. Pringle -N, otary Public Susquehanna T,vp., Dauphin county ,.. MY CpMM = ti _ ?.5, 201 2 C.. ? r- 1 1 ?m CJ, i . Czi SMIGEL, ANDERSON & SACKS, LLP Darryl J. Liguori, Esq River Chase Office Center I.D. No. 91, 1: 4431 North Front Street, 3rd Floor Jessica E. Mercy, Esq ire Harrisburg, PA 17110-1778 I.D. No. 206 0' (717) 234-2401 Attorneys for Defend nt DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANI A V. No. 11-3234 Civil Term RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, CIVIL ACTION - LAW Defendants. PETITIONER'S MOTION TO MAKE RULE ABSOLTE REGARDING PETITION FOR LEAVE OF COURT TO WITHDRAW APPEARANCE AND NOW COMES, Petitioner Smigel, Anderson & Sacks, LLP, who moves this C to Make Rule Absolute regarding the Petition for Leave to Withdraw as counsel for Renee M. Rhoads Evans, formerly Renee M. Rhoads, and Greg Evans in the matter and in support thereof avers as follows: C) '-a^t 1. On or about May 13, 2011 Petitioner filed a Petition for Leave to Withdraws as Counsel for Defendants due to a conflict of interest that had arisen. 2. On May 17, 2011, the Honorable M. L. Ebert, Jr. issued a Rule to Show why Petitioner should not be granted permission to withdraw as counsel of record. 3. The Defendants were served with the Petition for Leave to Withdraw as well) as the Rule to Show Cause and no answer to the Rule or Petition was filed. 4. Petitioner is now request that the Rule be made Absolute. 5. Defendant Renee M. Rhoads Evans' address is 710 N. Highland Dri7re, Harrisburg, PA 17111. 6. Defendant Greg Evans' address is 457 Texter Mountain Road, Pennsylvania 19551. WHEREFORE, Petitioner Smigel, Anderson & Sacks, LLP respectfully requests that Honorable Court grant its Motion to Make Rule Absolute and grant its Petition for Leave Ito Withdraw as Counsel. Date: July 5, 2012 By: Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.LjP. j 4 c-'a Darryl J. Liguori, Esquire ID #91715 Jessica E. Mercy, Esquire ID #206405 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff r DON PAUL SHEARER, Plaintiff, V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANJA No. 11-3234 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Defendants in the above-captioned certify that I this day served a copy of the foregoing Motion Petition for Leave to Withdraw as Counsel upon the person(s) indicated below by depositi copy of the same in the United States Mail, first class, postage prepaid, at Pennsylvania, and addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Attorney for Plaintiff Greg Evans 457 Texter Mountain Road Robesonia, PA 19551 Pro Se Defendant Date: July 5, 2012 Renee M. Rhoads Evans 710 N. Highland Drive Harrisburg, PA 17111 Pro Se Defendant SMIGEL, ANDERSON & SACKS, LLP By UA' q C? Darryl J. Liguori, Esquire ID #91715 Jessica E. Mercy, Esquire ID #206405 River Chase Office Center Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendants a 91 J DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 11-3234 Civil Term C= RENEE M. RHOADS EVANS, -a3 N formerly RENEE M. RHOADS, and =rn o c r-- MF -c GREG EVANS, ,; CIVIL ACTION - LAW Wr .._ z a , Defendants. f - T C 7© c') :x , ; ORDER X T AND NOW, this day of 2012, upon consideration of the Motion requesting Rule be made Absolute regarding the previously filed Petition of Defendants' counsel for Leave to Withdraw, and the in the absence of any objection or reply, it is hereby ORDERED that the appearance of Smigel, Anderson & Sacks, LLP and any of its individual attorneys as counsel for Defendants are WITHDRAWN. BY THE COURT: J. ?kA-u \?o Distribution: Darryl J. Liguori, Esq. and Jessica E. Mercy, Esq., Smigel, Anderson & Sacks, LLP, 4431 North Front Street, 3rd Floor, Harrisburg, PA 17110 (Attorneys for Defendants). VHoward Krug, Esquire, Purcell, Krug & Haller, 1719 North Front Street, Harrisburg, PA 17102 (Attorney for Plaintiff). Greg Evans, 457 Texter Mountain Road, Robesonia, PA 19551 (Pro Se Defendant). Renee M. Rhoads Evans, 710 N. Highland Drive, Harrisburg, PA 17111 (Pro Se Defendant). -,,/ Cumberland County Court Administrator. Aee- DON PAUL SHEARER, PLAINTIFF V. RENEE M. RHOADS EVANS, Formerly RENEE M. RHOADS, And GREG EVANS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI, NO. 11-3234 CIVIL ORDER OF COURT AND NOW, this 12th day of July, 2012, upon consideration of Plaintiff's Motion Contempt; IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule shall issue upon the Defendants to show cause why the relief requested by the Plaintiff should not be granted; 2. Defendants shall file an Answer to the Motion for Contempt on or before July 31, 2012; ?r 3. Hearing/Argument on the matter will be held on Wednesday, August 15, 2011 at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. /Howard B. Krug, Esquire Attorney for Plaintiff /Peter M. Good, Esquire Greg Evans Defendant M. L. tDeri, Jr., C N cs v` c-) a zr cz N> x ? C') "rl G , -+CD o -n CD By the Court, d Renee Evans Defendant bas Oo; es Ma,. %d r F:\FILESUients\14854 Evans\ 14854. 1. PRA David A. Fitzsimons, Esquire Katie J. Maxwell, Esquire I.D. Nos. 41722 and 206018 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Greg Evans ? of 2912 AN Pi: .l CUMBERLAND COUt4TV PENNSYLVANIA ' . DON PAUL SHEARER, Plaintiff V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT :No. 11-3234 CIVIL TERM PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant Greg in the above matter. MARTSON LAW OFFICES By: / / 4/I Date: July 31, 2012 Katie J. Max 11, Esquire David A. Fi simons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Greg Evans CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of MARTSON DEARDORFF WILLI MS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 MARTSON LAW OFFICES y Trici . Eckenro d 10 East High St re t Carlisle, PA 17013 (717) 243-3341 Dated: July 31, 2012 J F.\FILEST ients\14854 Evans\14854. I.ans David A. Fitzsimons, Esquire Katie J. Maxwell, Esquire I.D. Nos. 41722 and 206018 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Greg Evans f? E I1 ( i ??i?i L111 L1 ?.r6 1 ? + O1 2112 AM 8: 37 CUMBERLAND COUNT `f PENNSYLVANIA DON PAUL SHEARER, Plaintiff V. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS, and GREG EVANS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT No. 11-3234 CIVIL TERM ANSWER TO MOTION FOR CONTEMPT AND NOW, comes the Defendant, Greg Evans, by and through his attorneys, MARTS LAW OFFICES, and in support of his Answer to Motion for Contempt, avers as follows: Admitted. 2. Denied. To the extent that a response is required, it is denied that intentionally violated the Order, on the contrary, Defendant avers as follows: a. Denied. Defendant Greg Evans did not return the vehicle back to Plaintiff. Defendant Evans' wife drove the vehicle back to Sun Motors on May 10, 2011, as previously ordered by Judge Ebert. Upon information belief, the vehicle was operable. Defendant Evans is without knowledg rd r information sufficient to form a belief with regard to the remaining aver of paragraph 2(a). b. Admitted in part and denied in part. It is denied that Defendant Evans the vehicle contrary to the express direction Renee Evans. To the col Defendant Evans drove the vehicle with the implied consent of Defi Renee Evans, a registered owner. By way of further response, Defi Evans was driving the vehicle when the transmission and the transmission's cover were damaged by a road hazard. C. Denied. To the extent that a response is required, It is denied that Evans tried to hide any damage, to the contrary Defendant Evans never t i to hide damage caused to the transmission and in fact, made an effort to the transmission repaired. The Defendant is without knowledge) or information sufficient to form a response to the remainder of the of this paragraph. d. Denied. It is denied that the Plaintiff's personal property was not retui On the contrary, Defendant delivered the personal and business items were located in the BMW to his prior attorney Peter M Goode, Esquire, ho then upon information and belief delivered them to Plaintiff and Plainti f's counsel. By way of further denial, It is denied that there were 54 CDs in vehicle, and Plaintiff has increased the number of missing CDs that he cla have not been returned in each pleading in this case. 3. Denied. Defendant Greg Evans is without knowledge or information sufficien to form a belief as to the truth of the averments of this paragraph. To the extent that a respons required, Defendant Evans did not transport the vehicle to Sun Motors and avers that when he saw the vehicle, it was functioning albeit with a damaged transmission. 4. Admitted. 5. Admitted. 6. Denied. Defendant Evans was given permission to drive the vehicle by Renee Evans and was never told that he could not drive the vehicle. 7. Denied. Defendant is without sufficient information to form a belief as to the of the averments of this paragraph. To the extent that an answer is required, Defendant is aware the estimated cost of repair for the vehicle's transmission is approximately $2,800.00. 8. Denied. Defendant is without sufficient information to form a belief as to the of the averments of this paragraph. By way of further response, Defendant Evans was made by his insurance company that it would pay 50% of the estimate. 9. Denied. Defendant is without sufficient information to form a belief as to the of the averments of this paragraph, which are denied with strict proof demanded at trial. 10. Admitted. 11. Denied. Defendant Evans has made repeated efforts to resolve this matter and is taken no action to delay settlement. 12. Denied. Defendant is without sufficient information to form a belief as to the of the averments of this paragraph, which is denied with strict proof demanded at trial. 13. Defendant is without sufficient information to form a belief as to the truth of the averments of this paragraph, which is denied with strict proof demanded at trial. 14-16. Defendant is without sufficient information to form a belief as to the truth d the averments of this paragraph, which are denied with strict proof demanded at trial 17. Denied. When Defendant Evans initially took possession of the vehicle, delivered the personal and business items located in the BMW to his prior counsel Peter M. Goode, Esquire who then returned them to Plaintiff and his counsel. Furthermore, Defendant Evans' ife had similar possession and control of the vehicle and was, in fact, the one who drove it back to Sun Motors on May 10, 2011. Moreover, Plaintiff's claim of "missing" CDs increases with pleading. 18. Denied as stated. Paragraph 4 of the May 10, 2011, Order states that Defendants pay $10.00 for each missing compact disc, but not a total of $540.00. Defendant requests strict regarding the number of CDs claimed to be missing. 19. Denied Defendant is without sufficient information to form a belief as to the the averments of this paragraph, which is denied with strict proof demanded at trial. 20. Denied. Defendant is without sufficient information to form a belief as to the of the averments of this paragraph, which is denied with strict proof demanded at trial. 21. Denied. Defendant is without sufficient information to form a belief as to the of the averments of this paragraph, which is denied with strict proof demanded at trial. 22. Admitted. 23. Admitted. MARTSON LAW OFFICES B y: 41 r ?--, ? WHEREFORE, Defendant Greg Evans requests this Honorable Court dismiss P Motion for Contempt. Date: July 31, 2012 Katie J. Ma)well, Esquire David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Greg Evans of s r ? . VERIFICATION The foregoing pleading is based upon information which has been gathered by my co sel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have give to my counsel, it is true and correct to the best of my knowledge, information and belief. To the ex nt that the content of the document is that of counsel, I have relied upon counsel in making is verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section relating to unsworn falsification to authorities, which provides that if I make knowingly averments, I may be subject to criminal penalties. C. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of MARTSON DEARDORFF WILL] OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Answer to Motic Contempt was served this date by depositing same in the Post Office at Carlisle, PA, first class postage prepaid, addressed as follows: Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 MARTSON LAW OFFICES By Tricia . Ecke oad 10 East High St eet Carlisle, PA 17013 (717) 243-3341 for Dated: July 31, 2012 DON PAUL SHEARER, Plaintiff vs. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS and GREG EVANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3234 Civil Term CIVIL ACTION - LAW AFFIDAVIT Marc Berger, hereby certify and return that I personally served T)OUJ61 Ra1'S1 , the Subpoena to Attend and Testify directed to the Manager of Emory Transmissions and Total Car Care Center by handing a copy to the said individual. Service was completed as follows: Person Seared: -' ;r FYI Date: ?Z' _ T Time: < : ?(s2• Address of Service: 3???, ? . , w ' If the person served is someone other than the Manager of Emory Transmission s and Total Car Care Center, I certify that he or she has identified himself/herself to be the agent of Manager. I certify that I am an adult over the age of eighteen. I am neither a relative nor employee of a party to this action. This statement is made subject to the penalties of Commonwealth of Pennsylvania Statute 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. BY: Sworn to and sub abed before me this day _)2 Marc Berger ??/ of 012. via .za N9tarys ub MIAR h?Nc MMgMNtN18 CITY. DAUF INiI COUNTY Ny C?tIoR E?pNrs ?o ??. tlO10 :: -o, LL DON PAUL SHEARER, Plaintiff vs. RENEE M. RHOADS EVANS, formerly RENEE M. RHOADS and GREG EVANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3234 Civil Term CIVIL ACTION - LAW AFFIDAVIT I, Marc Berger, hereby certify and return that I personally served All the Subpoena to Attend and Testify directed to Jessica Williams, Claim Supervisor for Donegal Insurance Group, by handing a copy to the said individual.--. Service was completed as follows: F Person Served: i Date: 55 Ti / ? < me: / ry J Address of Service: 95 If the person served is someone other than Jessica Williams, I certify that he or she has identified himself/herself to be the agent of Jessica Williams. I certify that I am an adult over the age of eighteen. I am neither a relative nor employee of a party to this action. This statement is made subject to the penalties of Commonwealth of Pennsylvania Statute 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Sworn to and subscribed before me this r day of A C4- 2012. Notary a swan NW$y pwft IIAOIpNUl16 CITY, CAURN COL9M Iron im a 2016 BY: Marc Berger DON PAUL SHEARER, PLAINTIFF V. RENEE M. RHOADS EVANS, Formerly RENEE M. RHOADS, And GREG EVANS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI, NO. 11-3234 CIVIL IN RE: MOTION FOR CONTEMPT ORDER OF COURT :-~ c ~~ {..` .,~~> ~~ ~. c rn 3 w w ~- _. ~.. ~-a ~_~. r~~: -~,-_ ~.,, '~f _.., r AND NOW, this 16th day of August, 2012, upon consideration of the PlaintifN''s Motion f~r Contempt and it appearing that more time is required than what was allotted, IT IS HEREBY ORDERED AND DIRECTED that the hearing will now be held on Wednesday, September 26, 2012, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that the parties in this case fine a memorandum with the Court on or before September 20, 2012, in the following format: I. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting. IV. A statement of any legal issues each party anticipates being raised at trial along copies of any cases which may be relevant to resolution of the stated issue. V. An estimate of the anticipated time needed for the party to present its case. By the Court, Howard B. Krug, Esquire Attorney for Plaintiff ~~ M. L. Ebert, Jr., d Katie Maxwell, Esquire Attorney for Defendant Greg Evans d Renee Evans Defendant bas (1,BP; e5 ~ ,'~~Q~ ~~/t~~ ~ DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVAN V. RENEE M. RHOADS EVANS, Formerly RENEE M. RHOADS, And GREG EVANS, DEFENDANTS NO. 11-3234 CIVIL IN RE: MOTION FOR CONTEMPT AMENDED ORDER OF COURT AND NOW, this 17~' day of August, 2012, IT IS HEREBY ORDERED AND'~DI that the hearing will now be held on Friday, September 28, 2012, at 9:00 a.m. in Courtroom 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The remainder of the Order Court dated August 16, 2012, shall remain in full force and effect. Howard B. Krug, Esquire Attorney for Plaintiff / Katie Maxwell, Esquire Attorney for Defendant Greg Evans / Renee Evans Defendant ~ ~ rv J :; ~'E By the Court, ~ _ ~ -, a~ ;~ ~ c-~ ~'- -v r ~.. Wit-- _.. :~ -[ ~', v , ~ -C ~ -,-; J. _~ ~ M. L. Ebe t Jr. ~-, __ , , ~(x.. ---a G7 _ar' ~, j bas l'vpt~s ~~ lid ~~7~ia` DON PAUL SHEARER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVAN V. RENEE M. RHOADS EVANS, Formerly RENEE M. RHOADS, And GREG EVANS, DEFENDANTS NO. 11-3234 CIVIL IN RE: MOTION FOR CONTEMPT AMENDED ORDER OF COURT AND NOW, this 28~' day of August, 2012, due to a conflict with this Court's schedule, IT IS HEREBY ORDERED AND DIRECTED that the hearing in this matter will now be held on Tuesday, September 25, 2012, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The remainder of the Order of Court dated Aug 16, 2012, shall remain in full force and effect. / Howard B. Krug, Esquire Attorney for Plaintiff Katie Maxwell, Esquire Attorney for Defendant Greg Evans 'Renee Evans Defendant bas ~`es ttcc;~~d ~~~//~ By the Court, ~~~ M. L. Ebert, Jr., J. c~ c -~, >, -< t~± ~~ r5 ~~. ~.