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Home My WebLink About04-3928COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6q-29zP NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ?NAMF,OF APPELLANT V*4i n 4- L . /f7; /c 4 1 MAG. DIST. NO. 41 - / - o / NAME OF J. C /?f i4 C m q-;- ADD RE S OF APPELLANT c;2p,? G/f./Af DATE OF JUDGMENT s-17-, -cr IN THE CASE OF(PWWif) CITY g rayA- - STATE ZIP CODE /?'/4 .-7e cc? (Def nCeM)' - & <it?i e DOCKE N I SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT C r/ -0 Doo ')i'? -- ay I .? y This block will be signed ONLY when this notation is required under Pa. ellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnefure or Prolh.ot gwOapNy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Ah-dr'-l W , A; A:?" S appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 34? LI LU i 1. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. signature of appellant or attorney or agent RULE: Tod/,,4i. appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ()4,Lq 16 _,_ 20 n y X// QTO s; a? 1o aryQ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL. AND RULE TO FILE COMPLAINT r' Ct:)W O vA !-At:?H C WNsYi V-Nif+ CIWN- OF AFF€UAVITne , r ?i? verj -? ?-; P. L.. „ ?,n?:;7 , ?a•? ,Jc ,oars tike ?? ;,:c. Jua! ce des?yr:are d t erein c.r "0,0 td 4E`i^ @j f 6'y jroe, un, ;80fgift fv Ci rtfiL(lj 'r' ? ty Jt"SOnBV Sr.rv,cG [? ,ra`Cifird, `egistered} i»aii. -H4 DAV e-,F Wore whom affdj';[ wa, mr,?m MY convni>s?on expires or; 9n?hHe rt R 1ct v / ??h1 V cl v "'r ^ t 11 x- cr. S" s C_ ACPr, 8 12", - ixz COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 DJ Name: Hon CHARLES A. CLEMENT, Add`; 400 IDGE STREET OLDS 'TOWNS COHMNS NEW CUMBERLAND, PA Telephone: (717) 774-5,989 JOANNE MIKUS 282 WALTON STREET LEMOYNE, PA 17043 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME end ADDRESS fkKOS, ANDREW W 421 JR. NEW BLOOMFIELD ROAD PIRMANNON, PA 17020 J -SIXTH 3 Vs. DEFENDANT: NAME and ADDRESS 17070 rMIRLMS, JOANNE 1 282 WALTON STREET LEMOYNE, PA 17043 L J ?DocketNo.: CV-0000219-04I Date Filed: 5/18/04 DSYAULY JUIX4MKNI Y'L'TF- -- ® Judgment was entered for: (Name) MT1n7S, APPRRW W ® Judgment was entered against: (Name) MTKMB, TOAAMR in the amount of $ 1 , 742 SQ on: E] Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 7/26/n4 (Date & Time) Amount of Judgment $ 3,633.00 Judgment Costs $ 109.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,742.50 Post Judgment Credits $ Post Judgment Costs $ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE eRgTHONOTARYICLERK OF THE COURT QF COMMON PLEASZ CIVIL nff YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE DISTRICT JUSTICE. `.,? ,,,', UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERE§IT B IN Thlk?JUEt,GMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT OE6'rOR rbY3 IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, JUL 2 6 20 Date District Justice I certify that this is a true and correct copy of the record of the proceedings contair.>+pgafir judgment. ,gr Date u',,t ikict Justice My commission expires first Monday of January, 2008. SEAL AnO0 o,. no ? N b 7 C?, ' r '.?' ..{ f"'1 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (l his proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER flung of the notice of appeal, Check <2pp[cabfc boxes,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu- li P.-.r ii /.... ss AFFIDAVIT: I hereby (swear) (affirm) that I served 3??JtN ? a copy of the Notice of Appeal, Common Pleas No Cal 449 ?Ii the Distrirt Justice deslgnalod therein on (date of service) 20 Oy (? by paroonal service 0 by (oerbopd} (registered} ma.l, sender's rem pt attached hereto, and upon the appellee, hnamer t l/ iw;l ,7 , oc .9' - / o _ 20 ?Y [_) by personal service [4-Dy {certified) (registered; me 4, sender s receipt attached hereto - (SWORNRMED) AN $UBSCRi6Ep BEFORE fptE rN(5... jFFI DAY OF ?(-,ir'G;,l''lf 20 C tom. ? ,''?'?, Signature ofcficmf haforo whom a91da laws, made rta oroRtclai My commission expires an -,? , 20..Q. . 1,10"I'ARIAL SEAL CLAUDiAA BREWBAKER,NOTARYPUBLIC Carlisle Buro, Cumberland County My Commissior Expires April 4, 2005 AOPC 312A - 02 _- mgnah+•e otofoni r? N C IIIAICANW11 FA 1702G • ' • ¦ •` • "? un w Postage $ $0.37 S M Certlfled Fee $2.30 X13 0 03 C3 Retum Reciept Fee $1,75 "It: ark (Endoreerr6m Required) ,.: a ,9 (Entloed Delivery auke s $0.00 ra m $ $4.42 Total Postage & Fees 08/1'/2004 m M sent ro 0 tt .... . 3treef, Ayr: "N'o -------------------------------------------------------------- ...------- ._. a PO Box No. ciq; Stets, ZlPt4 .................................................................. 'J.YS•uualaaU¦f InxYU•?•??.. ?.fmRlLyYUlillgrelxlulll? M COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ray -1" lou, if itJ,l. ?Fl r NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAM OF APPELLANT /1n MAD. DIST NO. NAME OF.D.J vt+?:... ? .fr fV/TnNL At, ADDRESS OF APPELLANT CITY STATE ZIP CODE 4f 4JA OF JUDGMENT IN THE CASE OF(Ple WW) (Defend.nH /a 4/0 t-/` / )v' &/ wn +-.,+ ++41 fll i A" , sa J 4,+ -.e DOCKET No. I SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. Tellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE ofAPPEAL. Sgnalure of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon --A?y, dor e appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. / t /_ 3C? bJ ?+ Pu t ?, _ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. u Signature of appellant or attorney or agent RULE: To ,-_ CL^ ._ -64 appellee(s) /'' - Nome ofeppellee(s) (1) You ansr-ngtfied that a rule is I preby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule uponyou by personal service or by certified or registered mail. (2) If you JJo not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service ,,this rule if service was by mail is the date of the mailing. Date: hFlt9 U 20 '?.,.". (7 1 Silure of Prothonotary d Dep A YOU MUST/ INCLLMYE AGGP!' OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE Andrew W. Mikus Plaintiff V. Jo Anne L. Mikus-Keefauver Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA. NO 04-3928 CIVIL TERM :CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM[[ RI____ RTC 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 AN ATTORNEY AND FILING IN OBJECTIONS TO THE CLAIMS SET ORTH WITH THE COURT ARE DEFENSES RS OR THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT OU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMP ANY OTHER CLAIM OR RELIEF REQUESTED BY T]FIE PLAIN LAINT OR FOR LOSE MONEY OR PROPERTY OR OTHER RIGHT AS TKPON? YOU MAY YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT LEGAL HELP. WHERE YOU CAN GET Cumberland County Bar Association 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 Andrew W. Mikus Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA Jo Anne L. Mikus-Keefauver : 04-3928 CIVIL ACTION LAW Defendant : COMPLAINT 1 Plaintiff is Andrew W. Mikus residing at 421 New Bloomfield Rd. in Duncannon pA 17020 2. Defendant is Jo Anne L. Mikus_ Keefauver residing in Lemoyne, PA 17043 at 282 Walton Street 3• In March of 2002 the defendant and l jointly borrowed $7,228.40 from our home as line a credit. We were separated at the time and are now divorced. The mc a was borrowed specifically to buy particular. automobile for our seventeen year equity son. Since the def on spending much more money for a car old d made a verbal agreement that I would a than I was Purchase of the car and the defendant would then p Y $1000 toward the pay loan for the car. This verbal agreement was made off the remaining balance of the I have in my possession one e-mail and one letter, since any money was bon-owed. refer to her obligation to pay off the loan after I had geed by the defen dart, that car. paid $1000 toward the cost of the By November of 2002, I had paid $1,023.20 toward the cost of the car defendant, as agreed . The upon, then proceeded to The defendant made regular take over payments on the loandefendant has reneged on our agreement payments on the loan up until Jan uary then. I feement and has any s< 2004. The have made m inimum payman on the loan since refused M to arch make of 20y04yaen since my good credit rating. Just to maintain 4- On July 26', 2004, judgment $3,742.50 which "Presents the balaneeof the loan st the defendant in the amount of since March 1 , plus the payments have m less , P us court costs. The defendant did not attend this arin I have made than five minutes away from the location of the hearing This is the ' The defendant is now a g despite living appealing. judgment that a"w YID ny, Andrew W. Mikus 421 New Bloomfield Rd. Duncannon, PA 17020 (717) 834-9555 ao .' _ r il G. L.! QQ I ANDREW W.MIKUS Plaintiff Vs. JO ANNE L. MIKUS-KEEFAUVER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 04-3928 CIVIL ACTION LAW PRELIMINARY OBJECTIONS AND NOW, comes Jo Anne L. Mikus-Keefauver defendant in this matter, by and through her Counsel the Allen E. Hench Law Offices, and Timothy N. Atherton, Esquire, and files the following Preliminary Objections to the Complaint filed in this matter pursuant to Pa. R.C. P. 1028: 1. OBJECTION TO COMPLAINT FOR FAILURE TO FOLLOW Pa. R.C.P. 1022 1. Paragraph 3 and Paragraph 4 of the Complaint contain more that one material allegation of fact and are therefore in violation of Pa. R.C.P. 1021 WHEREFORE, Defendant requests that Plaintiffs Complaint be stricken by this Court in its entirety pursuant to Pa. R.C.P. 1028 {2} for failure to comply with the rules of Civil Procedure. 2. OBJECTION FOR FAILURE TO COMPLY WITH Pa. R.C.P. 1024 1. The Complaint filed by the Plaintiff was not Verified as required by Pa. R.C.P. 1024. WHEREFORE, Defendant requests that Plaintiff's Complaint be stricken by this Court in its entirety pursuant to Pa. R.C.P. 1028 {2} for failure to comply with the rules of Civil Procedure. Re Subrrutted. Allen E. Hench Law Offices Timothy N. Atherton, Esquire Attorney ID No. 19656 220 Market Street, Newport, PA 17074 717-567-3139 Attorney for Defendant ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17076 TEL: (717) 567-3139 FAX: (717) 567-3130 2004 files Mikus Objections and Exceptions r') rv <, - o c? 0 r T 'p fTl rs < p ? ANDREW W. MINUS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA VS. JO ANNE L. MIKUS-KEEFAUVER :04-3928 CIVIL ACTION LAW Defendant CERTIFICATE OF SERVICE AND NOW, this J ay of September, 2004' I, Timothy N. Atherton, hereby certify that I have this day served the following person v rith a copy of the foregoing, Preliminary Objections by United States Mail, postage pre-paid, addressed as follows: Andrew W. Mikus 421 New Bloomfield Road Duacannon, PA 17020 Alleni Law Offices (Z. ? Q1, p Timothy N. Atherton Attorney ID No. 19656 220 Market StrPPt Newport, Pa 17074 Attorney for the Defendant Common: Mikus Cert.Smice N r- T n c -4 Q 1 ANDREW W. MIKUS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA 04-3928 CIVIL ACTION LAW JO ANNE L. MIKUS-KEEFAUVER, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff, Andrew W. Mikus, with regard to the above captioned matter. Respectfully submitted, By: i ?F cis A. Zul , squii ttorney for P ai tiff 09 Locust: S" Harrisburg, PA 17101 Phone: (717) 232-1488 Date: September 27, 2004 N c? r -'sky 7 -t'T1 C7 ANDREW W. MIKUS, Plaintiff vs. JO ANNE L. MIKUS-KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA 04-3928 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 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 ANDREW W. MIKUS, Plaintiff vs. JO ANNE L. MIKUS-KEEFAUVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA 04-3928 CIVIL ACTION LAW AMENDED COMPLAINT AND NOW, comes the Plaintiff, Andrew W. Mikiis, by and through his attorney, Francis A. Zulli, Esquire, and files the following Amended Complaint: The Plaintiff is Andrew W. Mikus residing at 421 New Bloomfield Road, Duncannon, Perry County, Pennsylvania 17020. 2. The Defendant is Jo Anne L. Mikus-Keefauver, an adult individual, who currently resides at 282 Walton Street, Lemoyne, Cumberland County, Pennsylvania 17043. Plaintiff and Defendant were formally husband and wife having been divorced by a decree of the Court of Common Pleas of Perry County, dated September 25, 2002. 4. Plaintiff and Defendant remain the joint owners of a certain parcel of real estate located at 421 New Bloomfield Road, Duncannon, Penn Township, Perry County, Pennsylvania. Plaintiff and Defendant obtained an equity line of credit from PNC Bank (Duncannon branch) on or about March 24, 1995 which was an open line of credit to a maximum of $15,000.00. 6. Plaintiff avers that as of March 1, 2002, the equity line of credit had a zero balance. Plaintiff and Defendant, on or about March 20, 2002, agreed to advance money from the equity line of credit for the purpose of purchasing an automobile for their son, Andrew T. Mikus. Plaintiff avers that on or about March 20, 2002, Plaintiff and Defendant purchased a 1996 Volkswagen Golf GT automobile from Arrow Auto Sales and Service for their son at a cost of $7,428.40. Plaintiff avers that on March 22, 2002, Plaintiff and Defendant received an advance from their equity line of credit in the amount of $6,779.90 to be applied to the purchase price of the aforementioned automobile. 10. Plaintiff avers that on or about April 12, 2002, Plaintiff and Defendant received a check advance from their equity line of credit in the amount of $448.50 to be applied to the purchase price of the automobile. 11. Plaintiff avers that on or about March 18, 2002, he made a payment to Arrow Auto Sales and Service in the amount of $200.00 for the purpose of securing a deposit on the above mentioned automobile purchased for his son. 12. Plaintiff avers that at the time of the purchase of the automobile, Plaintiff and Defendant entered into an oral agreement whereby Plaintiff agreed to pay $1,000.00 towards the purchase of the automobile, and Defendant agreed to pay the remaining balance of $6,428.40 plus interest on the equity, loan for the purchase of the automobile. 13. Plaintiff avers that as of November 2002, he had repaid on the equity loan the sum of $1,023.20. 14. Plaintiff avers that immediately after November 2002, the Defendant commenced making regular payments on the equity loan each and every month up and until January 21, 2004. 15. Plaintiff avers that after February 2004, the Defendant refused to make any additional or future payments on the aforementioned equity line of credit. 16. Plaintiff avers that the balance due on the aforementioned line of credit, as of February 2004, was the sum of $3,633.00. IT Plaintiff, on numerous occasions, requested Defendant to resume and continue making the payments on the home equity line of credit, but Defendant refused and continues to refuse to make said payments. 18. Plaintiff, on or about July 26, 2004, subsequent to filing a district justice complaint against Defendant, obtained a judgment against Defendant for the sum of $3,742.50 which includes the balance due on the equity line of credit and district justice costs. 19. Plaintiff, as of the date of filing this Amended Complaint, has continued to make monthly payments on the equity line of credit in order to avoid any adverse credit report. 20. Plaintiff avers that he has made payments on the equity line of credit since February 2004 in the amount of $240.00. 21. Plaintiff avers that Defendant is obligated to pay the balance due on the equity line of credit as of February 2004 and all interest accrued on said account since that date and to reimburse Plaintiff for all payments he has made since February 2004. 22. Plaintiff avers that pursuant to the oral agreement made between Plaintiff and Defendant, Defendant is obligated to pay the balance remaining on the equity line of credit as of February 2004. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $3,633.00 plus district justice costs in the amount of $109.50 plus interest and other costs of suit. Respectfully submitted, BY: cis A. Zulli, sq it tt ey II) No. W16 0 ocust Street Harrisburg, PA 17108 (717) 232-11488 Attorney for Plaintiff 7 VERIFICATION I verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Andrew W. Mikus - .} ri -a _orn G? r 1 ti C.7 ANDREW W. MIKUS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. JO ANNE L. MIKUS-KEEFAUVER Defendant 04-3928 CIVIL ACTION LAW NOTICE TO PLEAD To: Andrew W. Mikus C/O Francis A. Zulli, Esquire 109 Locust Street P.O. Box 1121 Harrisburg, PA 170108-1121 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER, NEW MATTER AND COUNTER CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: November 1, 2004 Timothy N. Atherton, Esquire I.D. No. 19656 Allen E. Hench Law Offices 220 Market. Street Newport, PA 17074 717-567-3139 Attorney for Defendant ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT. PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 Respect y- s 1 __ , ANDREW W. MIKUS Plaintiff Vs. JO ANNE L. MIKUS-KEEFAUVER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 04-3928 CIVIL ACTION LAW ANSWER/NEW MATTER AND COUNTER CLAIM ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 AND NOW, comes the Defendant, Jo Anne L. Mikus-Keefauver, by and through her attorney, Timothy N. Atherton, Esquire, and files the following Answer New Matter and Counter Claim: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied as stated. It is admitted that Plaintiff purchased, and titled into his own name, a Volkswagen, Golf GT from Arrow Auto Sales and Service for the sum of $7,428.40. It is denied that the Defendant was either present at the time of the purchase of the automobile, signed a contract to purchase the said automobile or was in anyway obligated to the dealership to purchase said automobile. 9. Denied as stated. It is admitted that Plaintiff on or about March 22, 2002, received an advance from Plaintiff's and Defendant's equity line of credit in the amount of $6,779.90, which was to be applied toward the purchase of an automobile for the parties' son, Andrew T. Mikus. It is denied that the Defendant signed any papers in connection with the advancement of said funds from the line of credit, or received any of the said funds. 10. Denied as stated. It is admitted that Plaintiff on or about April 12, 2002, received an advance from Plaintiff's and Defendant's equity line of credit in the amount of $448.50, which was to be applied toward the purchase of an automobile for the parties' son, Andrew T. Mikus. It is denied that the Defendant signed any papers in connection with the advancement of said funds from the line of credit, or received any of the said funds. 11. After reasonable investigation the Defendant is without sufficient knowledge, or information to be able to form an opinion regarding the truth of the allegations contained in this paragraph. The same are therefore deemed denied and strict proof thereof is demanded at trial. 12. Denied as stated. It is admitted that Plaintiff and Defendant entered into an oral agreement for the purpose of obtaining a car for their son. It is also admitted that Plaintiff agreed to pay $1,000.00 toward the purchase of the automobile, but is denied that this was the only obligation Plaintiff had under the oral agreement. By way of further answer, Plaintiff in addition to paying the sum of $1,000.00 was to provide automobile insurance for their son, books, clothing and other living expenses so their son could go to college, was to maintain the home in Duncannon so as to provide the parties children a place to live and provide them with food and clothing while they completed their education. In consideration for these promises by Plaintiff, Defendant admits that she agreed to pay the balance of $6,428.40 on the equity loan for the purchase of the automobile. 13. After reasonable investigation the Defendant lacked knowledge and information sufficient to form a belief as of the truth of the averments in paragraph 13 and the same are therefore deemed denied. Strict proof thereof is demanded at trial. 14. It is admitted that Defendant made regular pa.?nents on the home equity loan from November, 2002 up until January 21, 2004. By way of further answer Defendant stopped making payments on the home equity loan following the breech by the Plaintiff of the oral agreement. 15. Admitted. 16. Admitted. 17. Denied as stated. It is denied that Plaintiff on numerous occasions requested the Defendant to resume and continue making payments on the home equity line of credit. Plaintiff only once discussed the issue with Defendant and on that occasion he only asked her why she stopped payments and at no time requested that she resume making the payments. It is, however, admitted that Def-,ndant refused to make the payments since Plaintiff's breach of the oral contract. 18. Admitted. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567.3130 19. After reasonable investigation the Defendant is without knowledge or information sufficient to form an opinion as to the truth as to the averments contained in this paragraph. The same are therefore deemed denied and strict proof thereof is demanded at trial. 20. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth to the averments contained in this paragraph and the same are therefore deemed denied. Strict proof thereof is demanded at trial. 21. Denied as stated. Defendant denies that she is obligated to pay the balance due on the line of credit, because Plaintiff breeched the oral agreement between the parties and to the contrary Plaintiff is indebted to the Defendant as more fully set forth in the New Matter and Counter Claim set forth below. 22. Denied as stated. Defendant denies that she is obligated to pay the balance due on the line of credit, because Plaintiff breeched the oral agreement between the parties and to the contrary Plaintiff is indebted to the Defendant as more fully set forth in the New Matter and Counter Claim set forth below. WHEREFORE, Defendant demands that Plaintiff's action be dismissed and that judgment be awarded to Defendant in accordance with the prayer set forth in the counter claims set forth below. NEW MATTER ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 23. The allegations of paragraph 1 through 22 are incorporated herein as if fully set forth. 24. The parties were married on March 26, 1993 and were subsequently divorced on September 25, 2002. 25. In connection with the divorce, the parties entered into an agreement dated August 29, 2002 (hereinafter the "Marital Agreement'), which, among other things, set forth the parties', rights one against the other and provided for an equitable distribution of the marital property. A copy of said agreement is attached hereto and made a part hereof as Exhibit A. 26. On or about March 20, 2002 the Plaintiff and Defendant entered into an oral agreement, whereby Plaintiff would utilize funds drawn on the party's line of credit to purchase a car for their son, Andrew T. Mikus. 27. Pursuant to that oral agreement, Plaintiff was to pay $1000.00 towards the purchase of the car, provide insurance so their son could drive the car, provide school books for their son's advanced education, provide clothing expenses, and a home for the party's son and daughter at their former marital residence. 28. Defendant, in exchange for Plaintiff's promises, agreed to pay the balance of the purchase price of the automobile. 29. Plaintiff caused the car when purchased to be titled in Plaintiff's name. COUNTERCLAIM COUNT I - Breach of Oral Contract ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 Defendant incorporates its allegations in paragraphs one through twenty-nine herein as though fully set forth. 30. Plaintiff, in compliance with the oral agreement reached regarding the purchase of the car for their son, Andrew T. Mikus, provided insurance so that his son could drive the automobile from the date of purchase until on or about December 1, 2002. 31. On or about December 1, 2002, Plaintiff ceased making the insurance payments on the automobile as required by the oral contract. 32. On or about December 2002, Defendant failed and refused to purchase books for Andrew T. Mikus in accordance with the oral agreement. 33. Commencing on or about December 1, 2002, Plaintiff, in violation of the oral agreement, began a course of conduct which ultimately required that his children leave the former marital residence and reside in an apartment. 34. Despite repeated demands by Defendant, Plaintiff refused and continued to refuse to make the payments on the car insurance, provide books for his son's education, and provide for expenses and a home for his children in the former marital residence. 35. As a result of Plaintiff's breach of the oral agreement, Defendant was forced to place Andrew T. Mikus, on her insurance policy so that he would be able to drive to and from his classes. 36. As a result of Plaintiffs failure and refusal to purchase insurance for Andrew T. Mikus, Defendant incurred costs for procurement of insurance of $2,600. 37. As a result of Plaintiff s failure to purchase books on behalf of Andrew T. Mikus, Defendant incurred costs for providing same in the amount of at least $1,000.00. 38. As a result of Plaintiff s breach of the oral contract, Defendant was forced to rent an apartment and pay utilities so that the children would have a place to stay while they completed their education. 39. Defendant incurred costs for rent and utilities of at least $3,300 as a result of Plaintiff s breach of the oral agreement. WHEREFORE, Defendant demands judgment against the Plaintiff in the amount of $6,900.00, together with such other relief as the Court, based upon the circumstances, deems appropriate. COUNTERCLAIM COUNT II BREACH OF MARITAL AGREEMENT ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 40. The allegations contained in paragraphs one through thirty-nine are incorporated herein as though more fully set forth. 41. Pursuant to the Marital Agreement Plaintiff was permitted to reside, rent free, in the former marital residence located at 421 New Bloomfield Road, Duncannon, Pa. 42. In accordance with the terms of paragraph sip: of the Marital Agreement, husband was to maintain the home in "a proper and functional state of repair and pay any and all taxes, assessments, and other costs to maintain the home in a proper and functional state of repair until June 1, 2004." 43. In violation of paragraph six of the Marital Agreement, Plaintiff failed to maintain the home located at 421 New Bloomfield Road., Duncannon, Pa., in that he failed to maintain the heating system in the home in a good and working order. 44. Plaintiff's refusal to maintain the heating system caused the Defendant to bring an action on or about November of 2002 against Plaintiff and to incur attorney fees in the amount of $700.00. 45. Plaintiff ultimately repaired the heating system to resolve the action, but did not pay Defendant's attorney fees. 46. Pursuant to paragraph 6E of the agreement between the parties dated August 29, 2002, Plaintiff was to open a savings account: in the name of Sherrilyn and Andrew and deposit $100 per month from the point he remarries until December 31, 2004 or until property issues are settled between the parties. 47. Plaintiff, in violation of this agreement, is now at least $300 in arrears in making the required deposits into the savings account. 48. Defendant has demanded and Plaintiff has refused and continues to refuse to make the required deposits into the savings account. 49. Because of Plaintiff's failure to make the required deposits into the savings account Defendant has incurred and will continue to incur legal costs. 50. Pursuant to paragraph 6 of the Marital Agreement, Provides the Defendant an option to acquire Plaintiff's interest in the marital home at 421 New Bloomfield Road, Duncannon, Pa, exercisable on or after June 1, 2004 but before December 31, 2004. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 51. Paragraph 6 of the Marital Agreement also provides that if Defendant fails to exercise her option than Plaintiff will have the option, exercisable within a maximum of 60 days, to acquire Defendant's interest in the marital home. 52. Paragraph 6 of the Marital Agreement also provides that each party will use due diligence in exercising their respective options. 53. If neither party exercises the their option then the property was to be placed on the market at the appraised value calculated as set forth in the Marital Agreement. 54. On or about June 1, 2004, Defendant notified Plaintiff that she would not exercise her option to purchase Plaintiff's interest in the marital residence. 55. More than 60 days have passed since Defendant so notified Plaintiff and Plaintiff has not exercised his option to Purchase Defend-ant's interest and has refused and continues to refuse to place the property on the market as required by the Marital Agreement. 56. As the result of Plaintiffs refusal to Place the property on the Market Defendant has been unable to realize the value of her interest in the same and has lost and will continue to lose opportunities to invest or otherwise use her share of the proceeds. 57. Further as the result of Plaintiff's refusal to Place the property on the Market, Defendant has been deprived of her share of the fair rental value of the property, which pursuant to the Marital Agreement was set by the parties at $700. per month. 58. Pursuant to paragraph six, subparagraph F of the agreement dated August 29, 2002, the party violating the agreement shall be responsible for the other parties' attorney fees for enforcement of the agreement. WHEREFORE, Defendant demands judgment against Plaintiff for: a. the $700 Defendant expended for attorney's fees to force the Plaintiff to properly maintain the home's heating system, and b. an unliquidated amount representing the monthly payments into the savings account on behalf of Plaintiff's and Defendant's two children together with attorney's fees and costs as provided for in the Marital Agreement. C. An unliquidated amount representing the loss sustained by Defendant as the result of Plaintiff's failure to place the marital property on the market together with attorney fees as provided in the Marital Agreement. d. An unliquidated amount representing the loss of Defendant's fair rental value beginning August 9, 2004 together with attorney fees and costs as provided for in the Marital Agreement. e. The amount claimed does not exceed the jurisdictional amount for arbitration. COUNTERCLAIM COUNT III UNJUST ENRICHMENT 59. The allegations contained in paragraphs one through fifty - six are incorporated herein as though more fully set forth. 60. Plaintiff has resided at the marital property located at 421 New Bloomfield Road, Duncannon, PA, rent-free since Plaintiff and Defendant separated and subsequently divorced. 61. By the terms of the Marital Agreement the parties were on or after June 1, 2004 to either exercise their respective options to acquire the other's interest in the marital property or place the property on the market at a price established by Marital Agreement. 62. Plaintiff, by failing to either exercise his option or place the property on the market is in violation of the Marital Agreement and is being unjustly enriched at the expense of the Defendant in the amount of Defendant's share of the fair rental value, which pursuant to the Marital Agreement was set by the parties at $700 per month. WHEREFORE, Defendant demands judgment against Plaintiff for An unliquidated amount representing the loss of Defendant's fair rental value beginning July 1, 2004 together with attorney fees and costs as provided for in the Marital Agreement, such amount not exceeding the jurisdictional amount for arbitration. ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 :espectfu y submitted, Timot y . A erton, Esquire I.D. No. 19656 Allen E. Hench Law Offices 220 Market. Street Newport, PA 17074 VERIFICATION I, Jo Anne L. Mikus-Keefauver, hereby state that I am an adult individual, and am authorized to make this verification, and that the facts set forth in the foregoing Answer Nev Matter and Counter Claim are true to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Jo Anne L. Mikus-Keefauver ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 CERTIFICATE OF SERVICE AND NOW, this day of November, 2004, I, Timothy N. Atherton, hereby certify that I have this day served the following person with a copy of the foregoing, ANSWER NEW MATTER AND COUNTER CLAIM by placing a copy in first class, United States Mail, postage pre-paid, addressed as follows: Francis A. Zulli 109 Locust Street P.O. Box 1121 Harrisburg, PA 17108-1121 Allen E. Hen aw ffic B• 1 Timothy N. Atherton, Esuire Supreme Court ID 19656 220 Market Street Newport, PA 17074 Dater Mikus Counter Claim ALLEN E. HENCH ATTORNEY AT LAW 220 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 C) ? O .r- ?.: + c.0 f... Cw? ? ANDREW W. MIKUS, Plaintiff VS. JO ANNE L. MIKUS-KEEFAUVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA :04-3928 CIVIL ACTION LAW NOTICE TO PLEAD TO: Jo Anne L. Mikus-Keefauver c/o Timothy N. Atherton, Esquire 220 Market Street Newport, PA 17074 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer within twenty (20) days from service hereof or a judgment may be entered against you. WION, ZJ4LI & BY: F09 cis A. Zurney fort Locust Street P.O. Box. 1121 Harrisburg, PA 17101 (717) 232-1488 Dated: November 18, 2004 ANDREW W. MIKUS, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :04-3928 CIVIL ACTION LAW JO ANNE L. MIKUS-KEEFAUVER, Defendant REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW, comes the Plaintiff, Andrew W. Mikus,, by and through his attorney, Francis A. Zulli, Esquire, and files the following Reply to New Matter and Answer to Counterclaim: REPLY TO NEW MATTER 23. The allegations of paragraphs 1 through 22 of the Complaint are incorporated herein as fully set forth. 24. Admitted. 25. Admitted. 26. Admitted. 27. Denied as stated. Plaintiff and Defendant orally agreed to purchase a car for their son. Under the terms of the oral agreement, ]Plaintiff was to pay $1,000.00 toward the purchase price of the car and the Defendant was to pay the remaining balance of the purchase price. There was never any oral or written agreement between Plaintiff and Defendant pertaining to the payment of the son's car insurance, school books or clothing expenses. 28. Denied as stated. Plaintiff and Defendant; entered into an oral agreement for the sole purpose of purchasing an automobile; for their son with the Plaintiff paying $1,000.00 toward the purchase price and the Defendant being responsible for the payment of the balance of the purchase price. No agreement, whether oral or written, was entered into between Plaintiff and Defendant regarding the payment of the son's car insurance, school books or clothing. 29. Admitted. By way of further answer thereto, Plaintiff avers that the car was titled in his name because the car dealership would not title the car in the son's name because he was a minor at the time of purchase. Even though the car was titled in the Plaintiff's name, it was understood by all parties that the car belonged to the parties son, Andrew, and the Plaintiff advised his son that the car title could be transferred into the son's name when he attained majority. COUNTERCLAIM COUNTI 30. Denied as stated. Due to the parties son being a minor, the son's car was placed on the Plaintiff's car insurance policy. The Plaintiff did not provide 100% of the car insurance premium for his son, Andrew, since he was under no obligation or agreement to do so. The Plaintiff, at times, paid for a portion of the son's car insurance premium as a way of helping him out financially. There was never any agreement between Plaintiff and Defendant either oral or written to provide car insurance for their son. 31. Denied as stated. The Plaintiff was never a party to an oral or written agreement whereby he was obligated to pay for his son's car insurance. The Plaintiff, when able to do so, did pay for a portion of the son's car insurance as a way of helping him out financially. 32. Denied. There was never any agreement„ whether oral or written, between Plaintiff and Defendant, obligating Plaintiff to pay for the parties son's school books. 33. Denied. Plaintiff never engaged in a course of conduct that forced his children to leave their father's home. The parties children, Sherri and Andrew, were provided with a fine home with their father, but the children chose to leave voluntarily. The parties daughter, Sherri, chose to leave the marital residence in July 2003 when her friend, who was generously allowed to live at the residence, was asked to leave. 2 34. Denied. Plaintiff denies that an oral agreement ever existed in which he was obligated to make payments on his son's car insurance or provide books for his son's education. The Plaintiff provided a home for the parties children and provided for all of the children's necessities and many of their luxuries while they were living in the marital home. For a two year period, the Plaintiff worked two jobs in order to provide financially for his children. 3 5. Denied. As set forth above, the Plaintiff and Defendant never entered into an oral agreement whereby Plaintiff was obligated to pay for his son's insurance policy. By way of further answer thereto, Plaintiff avers this son, Andrew, was removed from the Plaintiff's car insurance policy in March 2004 because his son refused to make payments on his car insurance premium. The Plaintiff, on several occasions, reminded his son that he would be removed from his father's policy if he refused to contribute to the cost of the car insurance premiums. The Plaintiff's son, Andrew, acknowledged the reminders made to him by the Plaintiff and was fully aware that he would need to procure car insurance from another source if he failed to make the car insurance premiums. During the discussions with the son and Defendant regarding the payment of the car insurance premiums, the Defendant and the son at no time indicated that the Plaintiff was violating any alleged agreement to pay for his son's insurance premium because no such agreement existed. 36. Denied. As set forth above, the Plaintiff -was never under any obligation or agreement to pay for his son's car insurance premiums. It was the Defendant's choice to begin paying for her adult son's car insurance. As to the remaining allegations of paragraph 36 of Defendant's Counterclaim, the Plaintiff, after reasonable investigation, lacks knowledge and information sufficient to form a belief as to the truth of the averments in paragraph 36 regarding the cost of the car insurance and the same are therefore deemed denied. Proof thereof is demanded at trial. 37. Denied. As set forth above, the Plaintiff -and Defendant never entered into an agreement, whether oral or written, regarding the Plaintiff's obligation to pay for his son's school books. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form an opinion as to the truth of the averments contained in this paragraph regarding the cost of the school books; therefore, the same are denied and strict proof thereof is demanded at trial. 38. Denied. There was never an oral contract between the parties regarding the care of the parties children. At the time that Defendant voluntarily separated from the Plaintiff, the children remained with their father until July and August 2003 at which time the children voluntarily moved from the marital home. During the time that the children were in the marital home, the Plaintiff provided for their necessities and luxuries. The children were provided with a fine home and Andrew, who was an 3 adult, was never asked to contribute to the cost of his room and board. The children were upset with their father because he required them to follow certain house rules such as no smoking, no beer parties while he was away, no cigarette butts on the property and certain sleeping arrangements were prohibited. The Defendant's action in renting an apartment for the parties children was entirely voluntary on her part. 39. Denied. As stated above, the Plaintiff has never breached any oral agreement that existed between Plaintiff and Defendant. The Defendant's action in renting an apartment for her children to live in unsupervised with other teenagers was entirely voluntary on her party. The Plaintiff voiced his objection to such living arrangements. The Plaintiff advised the Defendant and his children that they were welcome to the benefit of living in the marital residence with the reasonable house rules he imposed, but the Defendant chose to enable her children to leave the marital home. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form an opinion as to the truth of the averments contained in paragraph 39 regarding the cost of the rent and utilities; therefore, the same is denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff demands that Defendant's Counterclaim be dismissed and that judgment be entered against Defendant in the amount of $3,633.00 plus district justice costs in the amount of $109.50 plus interest and other costs of suit. COUNT II 40. The allegations contained in the paragraphs of the Complaint and the Reply and New Matter, 1 through 39 are incorporated herein as though more fully set forth. 41. Admitted. It is admitted that the Plaintiff continued to reside in the former marital residence free of the payment of rent. The parties agreed at the time of executing the marital agreement that the parties children would continue to reside with the Plaintiff at the former marital residence and that the Plaintiff would not seek support for the care and maintenance of the children from the Defendant. Plaintiff provided a home for the parties children and provided financially for the care and comfort of his children. 42. Admitted. By way of further answer thereto, Plaintiff avers that he maintained the home and paid all taxes, assessments and other costs regarding the former marital property. 4 43. Denied. Plaintiff did not violate paragraph 6 of the marital agreement because Plaintiff maintained the home and all of its operating systems in good and working order. It is admitted that during the winter months of 2002 the oil furnace was not working properly, but the house was being heated by a coal furnace. The coal furnace heated the home for the previous fifteen (15) years when the Plaintiff and Defendant resided their together. The Defendant in 2002 was advised that a new oil furnace would be installed in the Spring of 2003 and the new oil burner was indeed installed in 2003, but the coal furnace adequately heated the house during the winter of 2002. 44. Admitted in part and denied in part. It is admitted that the Defendant filed a Petition for Contempt in the Court of Common Pleas of Perry County regarding the maintenance of the heating system, but it is denied that Plaintiff refused to maintain the heating system in the former marital home. By way of further answer thereto, the Plaintiff vigorously defended the allegations made by Defendant and the case was settled. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 44 regarding the amount of attorney fees incurred by Defendant; therefore, the same are deemed denied and strict proof thereof is demanded at trial. 45. Admitted in part and denied in part. It is admitted that the Plaintiff repaired the heating system, but it is denied that Plaintiff did not pay Defendant's attorney fees. On the contrary, the parties settled the action and Plaintiff paid $200.00 to Defendant's attorney. 46. Admitted. 47. Admitted. By further answer thereto, Plaintiff admits that he is approximately $300.00 in arrears in making the required deposits into his children's savings accounts, but he is continuing to make regular monthly deposits and hopefully within the next three (3) months, all arrearages will be made current. The Plaintiff was forced to defer making the monthly payments to the children's savings accounts when the Defendant terminated making payments on the equity loan as previously agreed upon. 48. Denied. Plaintiff has resumed making the required deposits into the children's savings accounts. 49. Denied. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 49; therefore the same are denied and proof thereof is demanded 5 at trial. If the Defendant would have continued making payments on the equity loan as agreed upon, Plaintiff would not have been put into a financial position where it was difficult to continue making the required deposits into the children's savings accounts. 50. Admitted. 51. Admitted. 52. Admitted. 53. Admitted. 54. Admitted 55. Denied. Immediately after receiving notice from the Defendant that she would not exercise her option to purchase Plaintiff's interest in the marital home, the Plaintiff, by letter dated June 9, 2004, advised the Defendant that he would exercise his option to buyout her fifty percent interest in the former marital residence. A copy of Plaintiff s letter to Defendant, dated June 9, 2004, is attached hereto as Exhibit A and incorporated herein by reference thereto. By way of further answer thereto, the Plaintiff, by letter dated June 12, 2004, addressed to Defendant's then counsel, Robert P. Kline, Esquire, advised Defendant, through her counsel, that he intended to purchase her interest in the former marital home. A copy of Plaintiff's :letter, dated June 12, 2004, to Defendant's counsel, Robert P. Kline, Esquire, is attached hereto as Exhibit B and incorporated herein by reference thereto. By letter dated July 21, 2004, Attorney Joseph D. Kerwin, then counsel for Plaintiff, advised Defendant's counsel, Robert P. Kline, of Plaintiff s desire to proceed with the purchase of Defendant's interest in the former marital home. A copy of said letter of Attorney Joseph D. Kerwin is attached hereto as Exhibit C and incorporated herein by reference thereto. Plaintiff, by letter dated August 8, 2004 to Defendant's current counsel, Timothy lv. Atherton, Esquire, advised Attorney Atherton of his desire to proceed with the purchase and buyout of Defendant's interest in the former marital home. A copy of said letter is attached hereto as Exhibit D and incorporated herein by reference thereto. Plaintiff remains ready and willing to proceed with the purchase of Defendant's interest in the marital home. 56. Denied. Since Plaintiff has notified Defendant on numerous occasions of his option to purchase Defendant's interest in the marital home, there is no necessity to place the property on the market for sale. Defendant remains ready and willing to proceed with the purchase of Defendant's interest in the former marital home, but Defendant has refused to cooperate in the settlement of this purchase. 6 57. Denied. The Plaintiff remains ready and willing to buyout the Defendant's interest in the marital home and the Defendant has received many notices of Plaintiff s intention to purchase her interest in the former marital home, but Defendant has failed to cooperate in the completion of this buyout. 58. Denied. The Plaintiff has not violated the terms of the Marital Agreement; therefore, he is under no obligation to be responsible for the payment of Defendant's attorney fees. WHEREFORE, Plaintiff requests that Defendant's Counterclaim be denied and that judgment be entered in his favor in the amount set forth in his Complaint. COUNT III 59. Denied. The allegation contained in Plaintiff s Complaint, Reply to New Matter and Counterclaim, being paragraphs 1 through 58, are incorporated herein as though more fully set forth. 60. Admitted. By way of further answer thereto the parties, in a fully negotiated Marital Settlement Agreement, agreed that Plaintiff would remain in and occupy the marital property located at 421 New Bloomfield Road, Duncannon, Pennsylvania, as a home for the children pending the buyout of the other parties interest as set forth in the Marital Agreement. The Plaintiff maintained the former marital residence as a home for the parties children and provided care, room and board and necessities to the children. The parties never contemplated that Plaintiff would pay any type of rental subsidy to Defendant. The Plaintiff remains ready and willing to proceed with the buyout of Defendant's interest in the former marital home in accordance with the terms of the Marital Agreement, but Defendant has refused to cooperate with Plaintiff in the completion of such buyout. 61. Admitted. By way of further answer thereto, Plaintiff has followed the terms of the Marital Agreement and has provided the Defendant with the appropriate notification of his exercise of his option to purchase the Defendant's interest in the marital home and the Plaintiff remains ready and willing to proceed with the buyout of Defendant's interest in the former marital home, but Defendant has refused and continues to refuse to cooperate with Plaintiff regarding the buyout of her interest in the home. 7 62. Denied. Plaintiff has exercised his option to purchase the Defendant's interest in the marital home and has provided the Defendant with sufficient and adequate notice of his election to exercise his option, but Defendant has refused and continues to refuse to cooperate with Plaintiff regarding his purchase of her interest in the former marital home. Plaintiff avers that Defendant is not entitled to any fair rental value for the marital home. WHEREFORE, Plaintiff demands that Defendant's Counterclaim be dismissed and judgment be entered in favor of Plaintiff and against Defendant for the amount set forth in Plaintiff s Complaint. y r ncis A. Zulli, ion, Zulli & SI 9 Locust: StreQ garrisburg, PA UM 01 I.D. No. 15316 Phone: (717) 232-1488 8 1 h;, s r. Or) ia:?cy . 6/9/04 Jo Anne Keefauer (Mikus), I have received your signed notice that you will not be exercising your option to buy me out. I am officially letting you know that I am exercising my option to buy you out at 50% of the agreed upon market value of $1355,000. My lender will be contacting you regarding details of the closing. I will buy you out on or before August 9, 2004. Of course the buy out cannot take place until the civil suit regarding the lien on the house is settled, as per the divorce agreement. Because you have neglected to pick up your certified mail you are causing a delay in this process. On or before closing I would like proof of your life insurance policy for Andrew and Sherri in the amount of $100,000. aa*w V. X4?? Andrew W. Mikus Exhibit A Andrew W. M:ikus 421 New Bloomfield Rd. Duncannon, PA 17020 (717) 834-9555 June 12, 2004 Dear Robert P. Kline, Esquire, Your client, Jo Anne Keefauver, has notified me in writing that she does not wish to buy out my interest in our marital home. Therefore, as stated in our divorce agreement, ( pg. 4) I notified your client in writing that I am prepared to exercise my option to buy out her interest in the marital home within 60 days. You also have a copy of this letter which was delivered to you today_ by my wife, Michelle. Thank you for taking the time to listen to our side of the story. Please supply written confirmation, as soon as possible, that your client will abide by our divorce agreement, and co-operate by signing all of the necessary documents required to complete the buy out on a closing date within 60 days. As soon as I receive this confirmation I will contact my lender, Chase Bank, and proceed with securing the loan. Until I receive this confirmation we are at a stand still. I will not be held responsible for any delay caused by your client that would cause the closing date to be beyond 60 days. Understandably, my lender won't move forward with the loan until they have confirmation from your client that she will sign the necessary documents at closing. The agreed upon value of the maritral home is $135,000. Enclosed is the signed letter from your client notifying me of her option to not buy me out and the agreed upon value of the marital home. I look forward to hearing from you soon. Sincerely, `141 Exhibit B x:, KE RWIN & KE RWIN ATTORNEYS AT LAW 4245 ROUTE 209 ELIZABETHVILLE, PA 17023 (717) 362-3215 (717) 896-9089 FAX (717) 362-4459 E-mail: 6kl@epix.net Pleaso R&ply To: 0 ELIZABETI-IVRLLE OFFICE 0 HARRISBURG OFFICE Robert P. Kline, Esq. 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 July 21, 2004 CLIENT'S COPY PATRICK E. KERWIN (1913-1987) GREGORYM.KERWIN- GMK@Kerwinlaw{irm.com TERRENCE J. KERWIN . KK@Kerwinlaw{irm.com JOSEPH D. KERWIN - JDK@Kerwinlaw(irm.com HOLLYMcCLURE KERWIN - KK@Kerwinlawfirm.com Re: Property situate at 421 New Bloomfield Road, Duncannon, Pennsylvania Dear Mr. Kline: I am writing to you at the request of Andrew W. Mikus of 421 New Bloomfield Road, Duncannon, Pennsylvania. Mr. Mikus has asked me to assist him in completing the transfer of the real estate that is held jointly by Andrew W. Mikus and your client, Jo Anne Mikus-Keefauver. It is my understanding from Mr. Mikus that he has the opportunity now to refinance the property with limited closing costs. However, since the property is apparently in both names, we will obviously need to move forward with the appropriate documentation to effectua:'e the transfer. Once you have reviewed this matter if you will kindly contact me, we could discuss the matter in greater detail. I thank you for your attention. JDK:tll GOVERNORS' ROW 27 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 238-4765 FAX (717) 238-8455 Very yours, JOS P D. KERWIN Exhibit C Andrew W. Mikus 421 New Bloomfield Rd. Duncannon, PA 17020 (717) 834-9555 (717) 329-2315-cell Mr. Timothy Atherton, August 8th, 2004 I have been informed by your client, Jo Anne Keefauver, that you will be assisting with a. property settlement between her & myself. I presume your client informed you that I will be buying out her interest in the marital home at 50 % of the agreed upon appraisal of $135,000. Also, you should be aware that a judgment against your client in. the amount of $3,742.50 was entered against her on July 20h, 2004. I have enclosed a copy of that judgment. Therefore, the total amount to be paid by me to buy out your client's interest in the marital home is $63,757.50 ( 50% Of $135,000 - $3,742.50 ) As per our divorce agreement your client and I are to split equally the closing costs involved in the buy out of the property. Please discuss with JoAnne the following two options and let me know which one she prefers. OPTION 1) I can borrow the money to buy out your client's interest from an existing home equity line of credit that still exists in both my name and your client's name. This would involve no closing, costs. The line of equity account would simply be changed to be in my name only. However, your client would have to wait three business days after the actual closing before the bank issues her a check. OPTION 2). I can obtain a conventional home mortgage. However, this will involve closing costs of approximately $3500 to $4000 that your client will be msponsible for half of. Your client will then receive her money at closing and not have to want three days. I prefer option 1 but I realize your client has the right to receive her money at closing if she chooses. Obviously it would be to both of our advantage to choose option 1. By doing so we will both avoid closing costs Please discuss these matters with your client as soon as possible and let me know which option she prefers and how soon we can schedule a closing date as I am anxious to bring this matter to a conclusion, Sincerely, Exhibit D VERIFICATION I verify that the statements made in this Reply to New Matter and Answers to Counterclaim 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. M Andrew W. Mikus, Plaintiff ? .? ?, , (i i _'1 M ; '" { fi t' _! 1 ?' Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor .rw- 29oze CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573