HomeMy WebLinkAbout11-5618KRISTI RAUGH : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :IN REPLEVIN
)I - 51018 Civi(Te
JODY RHODY t/d/b/a RHODY RANCH : NO. _ 2011
Defendant
EQUITY 3
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NOTICE TO DEFEND w
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IWTHI? i-'
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
FILLING 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 JUDGEMENT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
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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 WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
QD 4Q.00 PO AT'7'y
C14 X30
0a4,i693
KRISTI J. RAUGH,
Plaintiff
V.
JODY RHODY, t/d/b/a
RHODY RANCH,
Defendant
COMPLAINT IN REPLEVIN
AND NOW, comes Kristi Raugh, by her attorney, John M. Kerr, Esquire, pursuant to Rule
1073 of the Pennsylvania Rules of Civil Procedure, and files the within Complaint in Replevin, the
nature of which is as follows:
PARTIES
yv o hn J<e rr awt PC
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17056
PHoNe: 717.766.4008
FAx: 717.766.4066
1. Plaintiff is Kristi Raugh, an adult individual residing at 20 E. Coover Street, Apartment A,
Mechanicsburg, Pennsylvania 17055 (hereinafter, "Raugh")
2. Defendant is Jody Rhody, an adult individual trading and doing business as Rhody Ranch,
located at 762 Grahams Woods Road, Newville, Pennsylvania 17241 (hereinafter, "Rhody" or
"Rhody Ranch").
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN REPLEVIN
NO EQUITY
BACKGROUND
3. On June 19, 2011, Raugh purchased from Jody Rhody of Rhody Ranch a horse with the
registered name of "Colonel Lady Brown," also known as "Luna," for the sum of $1,000.00. A Bill
of Sale was executed by both parties (see Exhibit "A," appended to this Complaint, copy of Bill of
Sale).
4. The referenced Bill of Sale included a provision noting that there were "no restrictions
for relocation on named mare" (see Exhibit "A"). The reason for this provision was the fact that
Rhody Ranch boarded horses and Plaintiff only agreed to purchase the horse if there were no
\{?ohn rr aw. PC
v 5020 Ritter Road
State 104
Mechanicsburg, PA 17055
PHONE 717.766.4008
F.: 717.766.4066
restrictions on her ability to board the horse elsewhere.
5. As part of the transaction, both Raugh and Rhody executed a "Horse Purchase Contract,
which had been drafted and prepared by Defendant Jody Rhody (see Exhibit "B" to Complaint,
copy of "Horse Purchase Contract")
6. This contractual agreement memorialized the $1,000.00 payment for the horse and
specifically deleted paragraph 4(C), which would have required that horse "stay and field board
with Rhody Ranch for at least 1 year from time of signing this agreement" (see, Exhibit "B").
Both parties initialed the deletion of this provision and dated it as of June 19, 2011. This was
consistent with the Bill of Sale, which specified that there were no restrictions on relocation of
the mare.
7. Consistent with her right to remove the horse, Raugh transported Luna to a barn closer
to her home, to wit, located at Fahenstock's, 1849 West Lisburn Road in Carlisle, Pennsylvania.
8. On or about June 30, 2011, Jody Rhody appeared at the Fahenstock farm and requested
that she be permitted to take the horse, Luna, back to her ranch. The reason for this request
was that Luna had given birth to a foal and Rhody told Raugh that she needed Luna to feed the
foal.
9. Raugh initially agreed that Rhody could take the mare back to her ranch for a period of
two months, authoring the following writing:
I, Kristi Raugh, permit Jody Rhody to transport Luna to her
ranch for a period of 2 months to feed foal Harley and wean
with no Board due. The health of foal is our foremost concern.
Luna will leave Rhody ranch after two months (1 Sept. 2011).
(see Exhibit "C," appended to this Complaint, copy
of writing).
10. Both parties signed the writing referenced at paragraph 9 above. Also included after the
signatures were two notations, as follows: "2 bags feed given to JR" and "I, Kristi Raugh, will
provide feed and hay for time of her board at Rhody Ranch" (see, Exhibit, "C")
11. At the time that Plaintiff Kristi Raugh had authored the writing attached as Exhibit "C,"
?ohn 4?1 1 PC
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
FfioNE: 717.766.4008
FAx: 717.766.4066
Jody Rhody had orally told her that she could visit with her horse during the interim two month
period.
12. Subsequent to Luna being transported from the Fahenstock farm back to Rhody Ranch,
Defendant Jody Rhody informed Raugh that she could not "trespass" on the property of Rhody
Ranch, thereby effectively preventing Raugh from seeing what was her own property.
13. In addition, Rhody began to demand excessive amounts of feed and hay in order to
maintain Luna. Plaintiff Raugh believes that the extra food was, a) to make milk for her foal,
Harley, which was not Raugh's duty or responsibility; and b) because Rhody was encountering
significant financial problems and was using Raugh to furnish feed for the Rhody ranch's other
horses.
14. After unsuccessfully attempting to gain the return of her mare, Luna, Raugh retained
undersigned counsel who forwarded correspondence to Rhody, dated July 7, 2011 (see, Exhibit
"D," appended to this Complaint, copy of said correspondence).
15. That correspondence stated, inter alia, the following:
Based upon the text messages you have sent to my client, it
is my understanding that you believe this latter writing is a
legally enforceable contract. It is not. The purpose of the
writing was to authorize you to take Kristi Raugh's property
to your ranch for a period of two months. This was completely
without any legal consideration on your part which would
support the existence of a novation to the contractual
agreement. Just so you understand, by this letter you are
informed that the authorization given to you is hereby
revoked and you are directed to make arrangements through
me to return Luna to her owner.
(Exhibit T," page 2)
16. Despite withdrawing authorization to retain possession of Luna, Defendant Jody Rhody
has refused to return Raugh's property to her.
17. On July 7, 2011, after receiving undersigned counsel's correspondence via electronic
transmission, Rhody e-mailed counsel stating, in part, that Raugh would be able to see her horse
on the premises of Rhody Ranch and have a veterinarian examine her if she signed a waiver of
liability.
18. Nevertheless, the following day - in violation of an agreement that she would not
directly contact Raugh - Rhody forwarded a letter to Plaintiff Raugh stating that neither Raugh,
nor anyone associated with her, would be permitted on the property and that Luna would not
be released on September 1, 2011 unless "all feed bills or any other generated bills to care for
her during the month of June and July are paid in full" (see Exhibit "E," appended to this
Complaint, copy of said letter).
19. Although Rhody has alleged that her foal's health would be detrimentally affected by
ohn err 41+. PC
v 5020 Ritter Road
Suite 104
M-haniCSburg, PA 17055
PHONIR: 717.766.4005
FAx: 717.766.4066
the return of Luna to her owner, in fact she has on her ranch another lactating mare or,
alternatively, she could purchase milk for her foal.
20. In any event, Rhody failed to include a contractual provision in the "Horse Purchase
Agreement," which she drafted. which would cover any such contingency.
21. On Friday, July 8, 2011, undersigned counsel spoke with Michael Scherer, Esquire,
counsel for Defendant, who asked that the Complaint indicate that Defendant does not agree
with the requested relief.
APPLICATION OF LAW
22. Defendant Jody Rhody t/d/b/a Rhody Ranch lacks any entitlement to retain possession
of the mare, "Luna." Said horse is the personal property of Plaintiff Kristi Raugh who has
demanded its return.
23. This matter is governed by the Bill of Sale (see, Exhibit "A") and "Horse Purchase
Contract" (see, Exhibit "B"), the latter of which Rhody drafted. As such, the contract is to be
interpreted against the draftsman.
24. Neither of these agreements gives Rhody any entitlement to take the horse back to feed
her foal, "Harley."
25. The writing of June 30, 2011, authored by Plaintiff Kristi Raugh, is not a contractual
agreement or novation, lacking any consideration given by Defendant.
26. Plaintiff is entitled to the immediate return of her property.
WHEREFORE, Plaintiff requests that judgment be entered in her favor and against
Defendant, and that the horse, "Luna," be returned to her consistent with the Pennsylvania
Rules of Civil Procedure, and that attorneys' fees and costs be awarded, as well.
Respectfully submitted,
JV f.
Johnp. Kerr, Esquire
Attorney I.D. #26414
John Kerr Law, P.C.
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
(717) 766-4008
ohn err all PC
v 5020 Ritter Road
State 104
Mechan icsburg, PA 17055
Priom: 717.766.4008
FAx: 717.766.4066
Dated: July 11, 2011
VERIFICATION
The undersigned, Kristi Raugh, hereby states that she is the Plaintiff in the foregoing action in
replevin and, as such, is authorized to execute this Verification and that any factual statements
contained in the preceding Complaint in Replevin are true and correct to the best of her knowledge,
information and belief. She understands that false statements are subject to the penalties prescribed at
18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
t
Kris i gh
Bill of sale
Jody Rhody of Rhody Ranch (the seller) of Colonel Lady Brown Reg # 4176327 ( call name Luna) does
hereby sell, assign and transfer to Kristi J. Raugh (the buyer).
The sale and transfer of Luna is effective as of j q < J)ix 20 t The sum was set
forth at $1000.00 cash dollars for named mare.
The Buyer is to assume the monetary responsibility in the transference of Lunas A.Q.H.A.regestry
paperwork.
This bill of sale includes a clause of "no restrictions for relocation on named mare".
Luna is being sold on an AS-IS basis with no vet check on or by either party as a named requirement.
Paid in full - cash check
Seller: Jody Rhod
Buyer: Kristi J. Ra
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EXHIBIT A
Rhody Ranch
HORSE PURCHASE CONTRACT
1. PARTIES:
SELLER:
Name: Jody Rhody (Rhody Ranch)
Address: 762 Grahams Woods Rd
City/State/Zip Newville, Pa 17241
County: Cumberland
First Phone: (717) 226-0692
BUYER:
jZ ? S T- ? `f ra L? C--1'I
Name: 4-- _ _
Address:
City/State/Zip ?n mac'-! A ti i C-5 ?3 u G ' 70 S;?__>
County ?+-? stint 6 ? ?z?_ AN ,?
First Phone: 7 -- G
Second Phone:
2. HORSE PURCHASED: The Seller hereby agrees to sell and the Buyer hereby
agrees to purchase, upon the terms and conditions set forth, the following
described horse, hereinafter referred to as "the horse."
Horse' Registered N me: a ,` 2
Reg#: LA 1-1 IC, -? ?
Horse's Barn Name: Rhody Ranch
Sex: E Registered wi : AQHA Qr APHA
Breed. AQH or APH
Color and Markings:
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Foaling Date:
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Sire Name: C L7(
Dam Name: ! 7c 1-k
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3. BILL OF SALE: This bill of sale is executed this day. of
2011 . The Seller hereby transfers to Buyer all right, title and interest in the
horse in accordance with the laws of Pennsylvania and subject to the following
conditions:
PU CHASE PRICE: The total purchase price for the above described horse is
3 1 () () (-,) . C) payable according to the following terms:
EXHIBIT B
A) Full payment in the form of cash, certified check or cashier's check is due
before papers will be given to buyer and or horse will be removed from farm.
B) Once the Seller receives full payment, the horse and registration papers for
the horse will be immediately transferred to the Buyer.
1c) •?
S. WARRANTY OF PEDIGREE AND REGISTRATION: The Seller warrants e
description and registration of the horse stated above.
6. EXPRESS WARRANTIES: The Buyer accepts the horse with only those
warranties set forth herein and subject to any and all faults or defects to the
horse that may now exist or subsequently appear. There are no other expressed
or implied warranties extended to the Buyer, nor are there any warranties
extended, either expressed or implied, for fitness of the horse for any particular
purpose.
7. INJURY LIABILITY: The Buyer understands that horses, horseback riding and
equestrian activities carry inherent risks of injury, damage or death, and that
purchase of the horse herein includes these risks. The Buyer knowingly assumes
the risks, known and unknown, of all activities on and around the horse from this
time forth. The Buyer agrees to the following:
A) The Buyer is and will be responsible and liable for any and all injuries
including, but not limited to physical injury, economic or pecuniary injury, death,
mental or emotional injury and property damage arising from, related to, based
upon, or attributable to the horse or the Seller.
B) The Buyer waives, discharges and releases the Seller from any claim
that may now or hereinafter arise for any injury including but not limited to
physical injury, economic or pecuniary injury, death, mental or emotional injury
and property damage arising from, related to, based upon, or attributable' to the
horse or the Seller.
C) The Buyer agrees that the Seller has been honest in representing the
horse to the best of the Seller's knowledge. The Buyer acknowledges that this
horse is young, inexperienced, energetic and green and may pose a danger to
the Buyer and other individuals working with and around the horse: The Buyer
assumes all responsibility for the horse's actions from this time forth, releasing all
liability from the Seller.
8. BUYER JOINT LIABILITY: All parties signing as buyer are jointly and
severally liable for all obligations hereunder.
9. ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES,
AND RISK OF LOSS: The Buyer accepts the horse by signing this contract and
the risk of loss passes immediately. The Buyer is responsible for all board,
veterinary and transportation expenses after the date indicated on this form.
10. BUYER'S WARRANTIES: The Buyer shall hereafter provide adequat6 feed,
shelter, worming, vaccinations, veterinary care and farrier care for the horse. The
Buyer shall be responsible for all sales, transaction privilege and other taxes that
may be imposed as a result of this transaction.
11. APPLICABLE LAW, JURISDICTION AND ATTORNEY'S FEES: This
contract shall be construed and governed by the laws of Maryland. At the,option
of the Seller, jurisdiction and venue for any dispute arising under or in relation to
this contract shall be only in the county and state identified above. In the event a
lawsuit is brought forth with respect to breach of contract by the Buyer, and the
Seller engages an attorney, the Seller should be entitled to collect reasonable
attorney's fees from the Buyer.
12. NOTICES: All notices, requests and consents required or permitted by this
contract or for any other purpose shall be in writing, signed and delivered to the
appropriate address specified above, or another address of which the sender has.
been given written notice by certified mail.
13. ENTIRE AGREEMENT AND SEVERABILITY: This contract contains the
entire understanding of the parties concerning its subject matter; there are no
additional oral or written promises or representations upon which the Buyer is
relying except as expressly set forth herein. This contract may be modified only
in writing executed by both Buyer and Seller.
.
Dated this day of , 2011
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EXHIBIT C
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John M. Kerr, Esquire
5020 RITTER ROAD John M. Kerr, Esquire
SUITE 104 Email: kerrlaw@comcast.net
MECHANICSBURG, PA 17055
Phone Number: (717) 766-4008
Fax Number: (717) 766-4066
Web Address: WWW JOHNKERRLAW.COM
JUST TO NOTIFY YOU:
KRISTI RAUGH
ENCLOSED IS YOUR COPY OF:
CORRESPONDENCE TO RHODY RANCH ATTN JODY RHODY
} PLEASE CONTACT OUR OFFICE UPON RECEIPT.
X} NO CONTACT NECESSARY UPON RECEIPT.
DATE: July 7, 2011
SIGNATURE:
Angela D. Feese, Legal Assistant
EXHIBIT D
Postal
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CERTIFIED MAIL I, REC
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Restricted Delivery Fee
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July 7, 2011
VIA ELECTRONIC TRANSMISSION AND REGULAR MAIL
Jody Rhody
Rhody Ranch
762 Grahams Woods Road
Newville, PA 17241
Re: Kristi Raugh
Dear Ms. Rhody:
As I believe you are aware, I represent Kristi Raugh in all matters involving her purchase from
you of the horse with the registered name, "Colonel Lady Brown," known as "Luna."
Please direct all communications regarding this matter to me, and forego any direct'
communication to my client. You will be receiving under separate cover a "NC CONTACT" letter from
me under appropriate legal authority, meaning that if you have any direct contact with Kristi Raugh,
whether by text message or otherwise, you will be subject to prosecution for criminal harassment. This
letter will be copied to the State Police in Newville, as well as to Mechanicsburg Borough police.
Nevertheless, either yourself or your lawyer may contact me with regard to aoy matter involving Kristi
Raugh or her horse, Luna.
The facts of this matter are as follows. On or about June 19, 2011, my client purchased from
you the horse referenced above for the sum of $1,000.00 cash. Your business prepared a "Horse
Purchase Contract" on a standard form which you utilize. Despite your desire to maintain Luna at your
facility, my client specifically negotiated the deletion of paragraph 4(C) of the standard contract. The
provision which was deleted had stated, "[h]orse will stay and field board with Rody Ranch for at least 1
year from the signing of this agreement." Since the provision was deleted, my client was free to board
Luna at a barn closer to her home with shade trees and a more hospitable environment. In addition, a
Bill of Sale which was prepared and signed by both yourself and my client included a provision stating,.
"[t]his bill of sale includes a clause of 'no restrictions for relocation on named mare."' As will be set forth
below - and it is important that you understand - the Agreements of June 19, 2011 are the only legally
binding agreements between you your business and my client.
On June 30, 2011, a writing was prepared and signed by both of you, stating as follows:
I, Kristi Raugh, permit Jody Rhody to transport Luna to her ranch for
the period of 2 months to feed foal Harley and wean with no Board
due. The health of foal is our foremost concern. Luna will leave Rhody
Ranch after 2 months (1 Sept. 2011).
After the signature by both parties, there were the following unsigned notations:
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I'i a xi 1 7.766.4008 • I';\x: 717.766.4066 1 ?1;w.: hcl'rL.c1W(«i C'Or7l('<13t.C1C.t www.. OhCll<('1"I"hl\N.COlll
Jody Rhody
July 7, 2011
Page 2
2 bags feed given to jr. I, Kristi Raugh, will provide feed and hay for
time of her board at Rhody Ranch.
Based upon the text messages you have sent to my client, it is my understanding that you
believe this latter writing is a legally enforceable contract. It is not. The purpose of the writing was to
authorize you to take Kristi Rauch's property to your ranch for a period of two months. This was
completely without any legal consideration on your part which would support the existence of a
novation to the contractual agreement. Just so you understand, by this letter you are informed that the
authorization given to you is hereby revoked and you are directed to make arrangements through me to
return Luna to her owner.
Kristi Raugh is the owner of Luna. Absent making arrangements for the delivery of Luna by
Sunday evening, I plan to be in Cumberland County Court Monday morning with a Complaint in Replevin
to replevy the horse and, pursuant to Rule 1075 of the Pennsylvania Rules of Civil Procedure, asking the
Court for a Writ of Seizure and a Hearing on the Writ of Seizure to bring this matter to a judge as soon as
possible. In such a replevin action, I will be asking the Court for an award of attorneys' fees against you
pursuant to court rule and law. The Sheriff of Cumberland County will appear at your ranch to seize the
horse.
In the meantime, my client would like a veterinarian of her choosing to see Luna to ascertain
that she is being properly cared for and in good health. Please advise me of your willingness to
accommodate this request. If anything should happen to Luna in the interim, you will face the gravest
of legal consequences.
As you know, Kristi had originally agreed to the two month possession of Luna at your ranch
because of your need to feed the foal. However, in the meantime, she became aware that another horse
at your ranch had a foal and was lactating. Moreover, you had orally told Kristi when the police were
present that she could visit her mare during the two month period. You have reneged on this promise.
Surely, you are not so naive as to believe that my client would buy a horse from you and then give up
any right to see her animal for a period of two months. That is a ludicrous proposition.
In fact, it has become apparent to Kristi that this issue with you is solely about money. After .
losing the right to board Luna, you are attempting to recoup the funds you would have realized by
requiring excessive amounts of hay and grain for her upkeep. My client furnished one hundred pounds
of grain, which should have lasted 2.5 weeks. You went through this in five days. It is apparent that the
extra food is for milk. She is not paying you to make milk for your foal.
To summarize, 1) you are not to contact my client; 2) you are to make arrangements to return
Luna by this weekend; and 3) you or your lawyer may contact me, as necessary, for the purpose of
communication as to any of these matters.
Jody Rhody
July 7, 2011
Page 3
I trust that you will give this matter the seriousness it deserves. Please be guided accordingly.
Thank you for your attention to this matter.
Respectfully yours,
John M. Kerr
cc: Kristi Raugh
Rhody Ranch
762 Grahams Woods Rd
Newville Pa 17241
717-226-0692
Kristi Raugh,
Please be advised that you (Kristi Raugh) or anyone associated with you are
not permitted on the property located at Rhody Ranch 762 Grahams Woods Rd
Newville Pa 17241. Please make arrangements with me (Jody Rhody) for pick up
with Luna on 1 Sept 2011.
Luna will be released back into your custody when all feed bills or any other
generated bills to care for her during the month of June & July are paid in full.
Please be advised as of 7 July 2011 Luna is out of Grain and we have a
written agreement that you are to provide grain & hay for Luna. You have
delivered enough hay to last until 10 Sunday July 2011.
Jody Rhody r 8 July 2011
EXHIBIT E
KRISTI J. RAUGH,
Plaintiff
V.
JODY RHODY, t/d/b/a
RHODY RANCH,
Defendant
IN THE COURT OF COMMON PLEASE '
CUMBERLAND COUNTY, PENNSYR?IIA
'
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IN REPLEVIN cra!- - .
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NO 11-5618 CIVIL
MOTION REQUESTING THAT A WRIT OF SEIZURE BE ISSUED
AND NOW, comes Kristi Raugh, by her attorney, John M. Kerr, Esquire, pursuant to Rule
1075.1 of the Pennsylvania Rules of Civil Procedure, and files the within Motion seeking a Writ
of Seizure, the nature of which is as follows:
PARTIES
1. Plaintiff is Kristi Raugh, an adult individual residing at 20 E. Coover Street, Apartment A,
Mechanicsburg, Pennsylvania 17055 (hereinafter, "Raugh").
2. Defendant is Jody Rhody, an adult individual trading and doing business as Rhody Ranch,
located at 762 Grahams Woods Road, Newville, Pennsylvania 17241 (hereinafter, "Rhody" or
"Rhody Ranch")
BACKGROUND
YP ,, I i, ,rir , -w P-C
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
PHONE: 717.766.4008
FAx: 717.766.4066
3. On June 19, 2011, Raugh purchased from Jody Rhody of Rhody Ranch a horse with the
registered name of "Colonel Lady Brown," also known as "Luna," for the sum of $1,000.00. A Bill
of Sale was executed by both parties (see Exhibit "A," appended to this Complaint, copy of Bill of
Sale).
4. The referenced Bill of Sale included a provision noting that there were "no restrictions
for relocation on named mare" (see Exhibit "A"). The reason for this provision was the fact that
Rhody Ranch boarded horses and Plaintiff only agreed to purchase the horse if there were no
,till I I PC
5020 Ritter Road
State 104
Mechanicsburg, PA 17055
PmNE: 717.766.4005
FAx: 717.766.4066
restrictions on her ability to board the horse elsewhere.
5. As part of the transaction, both Raugh and Rhody executed a "Horse Purchase Contract,
which had been drafted and prepared by Defendant Jody Rhody (see Exhibit "B" to Complaint,
copy of "Horse Purchase Contract")
6. This contractual agreement memorialized the $1,000.00 payment for the horse and
specifically deleted paragraph 4(C), which would have required that horse "stay and field board
with Rhody Ranch for at least 1 year from time of signing this agreement" (see, Exhibit "B").
Both parties initialed the deletion of this provision and dated it as of June 19, 2011. This was
consistent with the Bill of Sale, which specified that there were no restrictions on relocation of
the mare.
7. Consistent with her right to remove the horse, Raugh transported Luna to a barn closer
to her home, to wit, located at Fahenstock's, 1849 West Lisburn Road in Carlisle, Pennsylvania.
8. On or about June 30, 2011, Jody Rhody appeared at the Fahenstock farm and requested
that she be permitted to take the horse, Luna, back to her ranch. The reason for this request
was that Luna had given birth to a foal and Rhody told Rauch that she needed Luna to feed the
foal.
9. Raugh initially agreed that Rhody could take the mare back to her ranch for a period of
two months, authoring the following writing:
I, Kristi Raugh, permit Jody Rhody to transport Luna to her
ranch for a period of 2 months to feed foal Harley and wean
with no Board due. The health of foal is our foremost concern.
Luna will leave Rhody ranch after two months (1 Sept. 2011).
(see Exhibit "C," appended to this Complaint, copy
of writing).
10. Both parties signed the writing referenced at paragraph 9 above. Also included after the
Yohn 1r1 n.. P(
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
PHONE: 717.766.4008
FAx: 717.766.4066
signatures were two notations, as follows: "2 bags feed given to JR" and "I, Kristi Raugh, will
provide feed and hay for time of her board at Rhody Ranch" (see, Exhibit, "C").
11. At the time that Plaintiff Kristi Raugh had authored the writing attached as Exhibit "C,"
Jody Rhody had orally told her that she could visit with her horse during the interim two month
period.
12. Subsequent to Luna being transported from the Fahenstock farm back to Rhody Ranch,
Defendant Jody Rhody informed Rauch that she could not "trespass" on the property of Rhody
Ranch, thereby effectively preventing Raugh from seeing what was her own property.
13. In addition, Rhody began to demand excessive amounts of feed and hay in order to
maintain Luna. Plaintiff Raugh believes that the extra food was, a) to make milk for her foal,
Harley, which was not Raugh's duty or responsibility; and b) because Rhody was encountering
significant financial problems and was using Raugh to furnish feed for the Rhody ranch's other
horses.
14. After unsuccessfully attempting to gain the return of her mare, Luna, Raugh retained
undersigned counsel who forwarded correspondence to Rhody, dated July 7, 2011 (see, Exhibit
"D," appended to this Complaint, copy of said correspondence).
15. That correspondence stated, inter aria, the following:
Based upon the text messages you have sent to my client, it
is my understanding that you believe this latter writing is a
legally enforceable contract. It is not. The purpose of the
writing was to authorize you to take Kristi Rauch's property
to your ranch for a period of two months. This was completely
without any legal consideration on your part which would
support the existence of a novation to the contractual
agreement. Just so you understand, by this letter you are
informed that the authorization given to you is herebv
revoked and you are directed to make and you are directed to make arrangements through
me to return Luna to her owner.
(Exhibit V," page 2)
16. Despite withdrawing authorization to retain possession of Luna, Defendant Jody Rhody
9"11" PC
5020 Ritter Road
Suite 104
Mechardcsburg,PA 17055
Pttow: 717.766.4008
FAx: 717.766.4066
has refused to return Raugh's property to her.
17. On July 7, 2011, after receiving undersigned counsel's correspondence via electronic
transmission, Rhody e-mailed counsel stating, in part, that Raugh would be able to see her horse
on the premises of Rhody Ranch and have a veterinarian examine her if she signed a waiver of
liability.
18. Nevertheless, the following day - in violation of an agreement that she would not
directly contact Raugh - Rhody forwarded a letter to Plaintiff Rauch stating that neither Raugh,
nor anyone associated with her, would be permitted on the property and that Luna would not
be released on September 1, 2011 unless "all feed bills or any other generated bills to care for
her during the month of June and July are paid in full" (see Exhibit "E," appended to this
Complaint, copy of said letter).
19. Although Rhody has alleged that her foal's health would be detrimentally affected by
the return of Luna to her owner, in fact she has on her ranch another lactating mare or,
alternatively, she could purchase milk for her foal.
20. In any event, Rhody failed to include a contractual provision in the "Horse Purchase
Agreement," which she drafted, which would cover any such contingency.
21. On Monday, July 11,2011, a Complaint in Replevin was filed (see, copy of Complaint
appended to this Motion).
REQUEST FOR RELIEF
22. In accordance with Rule 1075.1 of the Pennsylvania Rules of Civil Procedure, Plaintiff
Kristi Raugh requests that a Writ of Seizure issue upon notice and hearing.
23. As is evidenced by the letter contained at Exhibit "E" to the Complaint in Replevin,
Defendant Jody Rhody is prohibiting the Plaintiff from having any contact with her horse which
was lawfully purchased.
24. Plaintiff fears that the health of her horse may be adversely affected by the actions of
Rhody, who by the same letter effectively is preventing a veterinarian of Raugh's choice from
examining the horse.
25. In addition, Plaintiff is of the belief that Defendant Rhody is using this situation to
overcharge her for feed and hay as a result of the financial straits faced by the Rhody Ranch.
WHEREFORE, it is requested that following notice and hearing, a Writ of Seizure be
issued to replevy the horse, "Luna."
Respectfully submitted,
-?,:A a
John M. Kerr, Esquire
Attorney I.D. #26414
John Kerr Law, P.C.
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
(717) 766-4008
Dated: July 12, 2011
10n11K•r144-- 1
5020 Ritter Road
SOite 104
MecharUcsbllrg, PA 17055
Pmr : 717.766.4008
FAX: 717.766.4066
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has served a copy of the foregoing, "Motion
Requesting That A Writ of Seizure Be Issued," upon the below-named individuals in the manner
indicated:
HAND-DELIVERED FIRST CLASS MAIL, POSTAGE PREPAID
Michael Scherer, Esquire Jody Rhody, t/d/b/a Rhody Ranch
Baric and Scherer 762 Grahams Woods Road
19 South Street Newville, PA 17241
Carlisle, PA 17013
N, gy
Jo M. Kerr, Esquire
John Kerr law. P.C.
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
Dated: July 12, 2011
rr?m_IIC
0 5020 Ritter Road
Suite 104
MechardCSburg, PA 17055
PHONE: 717.766.4008
FAx: 717.766.4066
KRISTI RAUGH
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:IN REPLEVIN
V
ODY RHODY t/d/b/a RHODY RANCH : NO.
2011
-
J
Defendant ;
EQUITY _e -- -?
`c> -?o
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE
FOLLOWING PAGES, YOU MUSTTAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND
FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
KRISTI J. RAUGH, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
IN REPLEVIN
V. NO EQUITY
JODY RHODY, t/d/b/a
RHODY RANCH,
Defendant
COMPLAINT IN REPLEVIN
AND NOW, comes Kristi Raugh, by her attorney, John M. Kerr, Esquire, pursuant to Rule
1073 of the Pennsylvania Rules of Civil Procedure, and files the within Complaint in Replevin, the
nature of which is as follows:
PARTIES
1. Plaintiff is Kristi Raugh, an adult individual residing at 20 E. Coover Street, Apartment A,
Mechanicsburg, Pennsylvania 17055 (hereinafter, "Raugh")
2. Defendant is Jody Rhody, an adult individual trading and doing business as Rhody Ranch,
located at 762 Grahams Woods Road, Newville, Pennsylvania 17241 (hereinafter, "Rhody" or
"Rhody Ranch")
BACKGROUND
3. On June 19, 2011, Raugh purchased from Jody Rhody of Rhody Ranch a horse with the
GO'>o Rittor Road
slutC. 1 04
.1(:c:t1i11 11C.tit)11r?. PA 1 705 i
7 17.766.4008
Fnx: 717.766.4066
registered name of "Colonel Lady Brown," also known as "Luna," for the sure of $1,000.00. A Bill
of Sale was executed by both parties (see Exhibit 'A" appended to this Complaint, copy of Bill of
Sale).
4. The referenced Bill of Sale included a provision noting that there were "no restrictions
for relocation on named mare" (see Exhibit "A"). The reason for this provision was the fact that
Rhody Ranch boarded horses and Plaintiff only agreed to purchase the horse if there were no
:i02o Ninur Road
Suitc 104
NuCha ni(st j 9. PA 17056
innu: 7 17 766 4008
FAX: 71 7.766.4066
restrictions on her ability to board the horse elsewhere.
5. As part of the transaction, both Raugh and Rhody executed a "Horse Purchase Contract,
which had been drafted and prepared by Defendant Jody Rhody (see Exhibit "B" to Complaint,
copy of "Horse Purchase Contract")
6. This contractual agreement memorialized the $1,000.00 payment for the horse and
specifically deleted paragraph 4(C), which would have required that horse "stay and field board
with Rhody Ranch for at least 1 year from time of signing this agreement" (see, Exhibit "B").
Both parties initialed the deletion of this provision and dated it as of June 19, 2011. This was
consistent with the Bill of Sale, which specified that there were no restrictions on relocation of
the mare.
7. Consistent with her right to remove the horse, Raugh transported Luna to a barn closer
to her home, to wit, located at Fahenstock's, 1849 West Lisburn Road in Carlisle, Pennsylvania.
8. On or about June 30, 2011, Jody Rhody appeared at the Fahenstock farm and requested
that she be permitted to take the horse, Luna, back to her ranch. The reason for this request
was that Luna had given birth to a foal and Rhody told Raugh that she needed Luna to feed the
foal.
9. Raugh initially agreed that Rhody could take the mare back to her ranch for a period of
two months, authoring the following writing:
I, Kristi Raugh, permit Jody Rhody to transport Luna to her
ranch for a period of 2 months to feed foal Harley and wean
with no Board due. The health of foal is our foremost concern.
Luna will leave Rhody ranch after two months (1 Sept. 2011).
(see Exhibit "C," appended to this Complaint, copy
of writing).
10. Both parties signed the writing referenced at paragraph 9 above. Also included after the
signatures were two notations, as follows: "2 bags feed given to JR" and "I, Kristi Raugh, will
provide feed and hay for time of her board at Rhody Ranch" (see, Exhibit, "C").
11. At the time that Plaintiff Kristi Raugh had authored the writing attached as Exhibit "C,"
Jody Rhody had orally told her that she could visit with her horse during.the interim two month
period.
12. Subsequent to Luna being transported from the Fahenstock farm back to Rhody Ranch,
Defendant Jody Rhody informed Raugh that she could not "trespass" on the property of Rhody
Ranch, thereby effectively preventing Raugh from seeing what was her own property.
13. In addition, Rhody began to demand excessive amounts of feed and hay in order to
maintain Luna. Plaintiff Raugh believes that the extra food was, a) to make milk for her foal,
Harley, which was not Raugh's duty or responsibility; and b) because Rhody was encountering
significant financial problems and was using Raugh to furnish feed for the Rhody ranch's other
horses
14. After unsuccessfully attempting to gain the return of her mare, Luna, Raugh retained
undersigned counsel who forwarded correspondence to Rhody, dated July 7, 2011 (see, Exhibit
"D," appended to this Complaint, copy of said correspondence).
15. That correspondence stated, inter alia, the following:
5020 Rincr Koad
Suitc 104
Moch.u lic_sburf,*. PA 17055
PH ON'; : 71 7.766.40()8
1'AX: 717.766.4066
Based upon the text messages you have sent to my client, it
is my understanding that you believe this latter writing is a
legally enforceable contract. It is not. The purpose of the
writing was to authorize you to take Kristi Raugh's property
to your ranch for a period of two months. This was completely
without any legal consideration on your part which would
support the existence of a novation to the contractual
agreement. Just so you understand, by this letter you are
informed that the authorization given to you is hereby
revoked and you are directed to make arrangements through
me to return Luna to her owner.
(Exhibit V," page 2)
16. Despite withdrawing authorization to retain possession of Luna., Defendant Jody Rhody
has refused to return Raugh's property to her.
17. On July 7, 2011, after receiving undersigned counsel's correspondence via electronic
transmission, Rhody e-mailed counsel stating, in part, that Raugh would be able to see her horse
on the premises of Rhody Ranch and have a veterinarian examine her if she signed a waiver of
liability.
18. Nevertheless, the following day - in violation of an agreement that she would not
directly contact Raugh - Rhody forwarded a letter to Plaintiff Raugh stating that neither Raugh,
nor anyone associated with her, would be permitted on the property and that Luna would not
be released on September 1, 2011 unless "all feed bills or any other generated bills to care for
her during the month of June and July are paid in full" (see Exhibit "E," appended to this
Complaint, copy of said letter).
1.9. Although Rhody has alleged that her foal's health would be detrimentally affected by
the return of Luna to her owner, in fact she has on her ranch another lactating mare or,
alternatively, she could purchase milk for her foal.
20. In any event, Rhody failed to include a contractual provision in the "Horse Purchase
Agreement," which she drafted, which would cover any such contingency.
21. On Friday, July 8, 2011, undersigned counsel spoke with Michael Scherer, Esquire,
Soto nitro, Road
Suite 1114
Mechanicsburg. I IA 17055
Ma m.: 717.766.4008
F : 717.766.4066
counsel for Defendant, who asked that the Complaint indicate that Defendant does not agree
with the requested relief.
APPLICATION OF LAW
22. Defendant Jody Rhody t/d/b/a Rhody Ranch lacks any entitlement to retain possession
of the mare, "Luna." Said horse is the personal property of Plaintiff Kristi Raugh who has
demanded its return.
23. This matter is governed by the Bill of Sale (see, Exhibit "A") and "Horse Purchase
Contract" (see, Exhibit "B"), the latter of which Rhody drafted. As such, the contract is to be
interpreted against the draftsman.
24. Neither of these agreements gives Rhody any entitlement to take the horse back to feed
her foal, "Harley."
25. The writing of June 30, 2011, authored by Plaintiff Kristi Raugh, is not a contractual
agreement or novation, lacking any consideration given by Defendant.
26. Plaintiff is entitled to the immediate return of her property.
WHEREFORE, Plaintiff requests that judgment be entered in her favor and against
Defendant, and that the horse, "Luna," be returned to her consistent with the Pennsylvania
Rules of Civil Procedure, and that attorneys' fees and costs be awarded, as well.
Respectfully submitted,
John,/ . Kerr, Esquire
Attorney I.D. #26414
John Kerr Law, P.C.
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
(717) 766-4008
Dated: July 11, 2011
50 20 RiBCr Road
SOtc 104
Me,char liC-SbUrQ. PA 17055
1 ?1 u 1N13: 71 7.766.400£3
FAX: 717.766.4066
VERIFICATION
The undersigned, Kristi Raugh, hereby states that she is the Plaintiff in the foregoing action in
replevin and, as such, is authorized to execute this Verification and that any factual statements
contained in the preceding Complaint in Replevin are true and correct to the best of her knowledge,
information and belief. She understands that false statements are subject to the penalties prescribed at
18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
?n
Krist?i sigh .l
,? I
Bill of sale
Jod Rhody of Rhody Ranch (the seller) of Colonel Lady Brown Reg # 4176327 ( cal! name Luna) does
y
hereby sell, assign and transfer to Kristi J. Raugh the buyer).
?v t. The sum was set
The sale and transfer of Luna is effective as of ??
forth at $1000.00 cash dollars for named mare.
The Buyer is to assume the monetary responsibility in the transference of Lunas A.Q.-H.A.regestry
paperwork.
This bill of sale includes a clause of "no restrictions for relocation on named mare".
Luna is being sold on an AS-IS basis with no vet check on or by either party as a named requirement.
i
cash check
Paid in full
Seller: Jody Rhody
Buyer: Kristi J. Rai
Date-_ f 1 l L,
n? . ? L?•rLC. L' 3 f'
)ate
21-
,.EXHIBIT A
Rhody Ranch
HORSE PURCHASE CONTRACT
1. PARTIES:
SELLER:
Name: Jody Rhody (Rhody Ranch)
Address: 762 Grahams Woods Rd
City/State/Zip Neville, Pa 17241
County: Cumberland
First Phone: (717) 226-0692
r.
Name:
Address, .< 7
City/State/Zip 1Q,
County First Phone: c.;
Second Phone:
hereby
2. GORSE PURCHASED: The Seller
conditions set forth, the following
agrees to purchase, upon the terms and
described horse, hereinafter referred to as "the horse."
Horse's Registered Name: Reg ?"?
t
LY,
Horse's Barn Name. Rhody Ranch Registered with: AQHA or APHA
Sex: _
Breed: AQH or APH
Color and Markings:
Foaling Date:-
Sire =--? z
Name:
Dam Name: <<??4"?` C.`?•?; .??'? '?,-?'';?2` ?•.'}
3. BILL OF SALE- This bill of sale is executed this ! ` 4 day.of
20 f The Seller hereby transfers to Buyer all
andl subject to the following
horse in accordance with the laws of Pennsylvania
conditions:
PURCHASE PRICE: The total purchase price for the above described horse is
q payable according to the following terms.
t .,
EXHIBIT B
II a ment in the form of cash, certified check or e emovedom' farm
A) Fu p y given to buyer and or horse will b
before papers will bepayment, the horse and registration papers for
B) Once the Seller receives full
the horse will be immediately transferred to the Buyer. orastear tom r o? i
4
_ --roue- igAw n thi- a(4reement.
5. WARRANTY OF PEDIGREE AND REGISTRATION: The Seller warrants he
description and registration of the horse stated above. horse 6. EXPRESS WARRANTIES: The Buyer
to any and all faults or defect to the
warranties set forth herein and subject Y. There are no other expressed
horse that may now exist or subsequently appear,
re any w
rranties or implied warranties extended to the Buyer, of theehorse foraany particular
extended, either expressed or implied, for fitness
purpose.
LIABILITY: The Buyer understands that horses, horsetbaackdr hang and eat, equestrian activities carry inherent
7. INJURY
these risks. The Buyerdknowingly assumes
purchase of the horse herein includes
the risks, known and unknown, of all activiies on and around the horse from this
time forth. The Buyer agrees to the following,
A) The Buyer is and will be responsible and liable for any and all injuries
including, but not limited to physical injury, economic or pecuniary injury, death,
mental or emotional injury and property damage arising from, related to, based
upon, or attributable to the horse or the Seller.
B) The Buyer waives, discharges and releases
including but Inot I m ed to claim
that may now or hereinafter arise for any injury death, mental or emotional injury
physical injury, economic or pecuniary injury,
and property damage arising from, related to, based upon, or attributable to the
horse or the Seller_
C) The Buyer agrees that the Seller has been honest in representing the
horse to the best of the Seller's knowledge. The Buyer a knowllede e dthat this
horse is young, inexperienced, energetic and green an may p around
the
horse. the Buyer and other individuals working 's actions from this time forthTrel e s yerg all.
assumes all responsibility for the horse
liability from the Seller.
8. BUYER JOINT LIABILITY: All parties signing as buyer are jointly and
severally liable for all obligations hereunder.
9. ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES,
AND RISK OF LOSS: The Buyer accepts the horse by signing this contract and
on It bsoard,
the risk of loss passes immediately. The after Buyer is
the date iio sibl dicatede
veterinary and transportation expense
rovide 10. BUYER'S WARRANTIES: The Buyer shall a ereaf
farter prove foa dequat6
horseeed,
shelter, worming, vaccinations, veterinary ca
Buyer shall be responsible for all sales, transaction privilege and other taxes that
may be imposed as a result of this transaction.
11. APPLICABLE LAW, JURISDICTION AND ATTORNEY'S FEES: Thisthe option
contract shall be construed and governed by dilaws spute arising under or in relation to
of the Seller, jurisdiction and venue for any p
this contract shall be only in the county and state f contrat t by the Buyer, and the a
lawsuit is brought forth with respect to breach
Seller engages an attorney, the Seller should be entitled to collect reasonable
attorney's fees from the Buyer.
TICES: All notices, requests and consents required o permitted b
contract or for any other purpose shall be in writing, signed and
appropriate address specified above, or another address of which the sender has
been given written notice by certified mail.
the NTIRE AGREEMENT AND SEVERABILITY: This contrtae therein e no
13. E
entire understanding oth parties
or representations upon which the Buyer is
additional oral or written promises
relying except as expressly set forth herein. This contract may be modified only
in writing executed by both Buyer and Seller.
2011
day of
Dated this - y
`+r1 I CD-
-`l/ 1 C-?
?= r
JO
J
fit,
tot
EXHIBIT C
f ??s??; ?'?L??
U! ill ???o???? ?-
?? ???
? P.C.
HN ERR ,L.AW, P
John M. Kerr, Esquire
5020 RITTER ROAD
SUITE 104
MECHANICSBURG, PA 17055
John M. Kerr, Esquire
Email: kerrlaw@cOmcast.net
Phone Number: (717) 766-4008
Fax Number: (717) 766-4066
Web Address: WWW JOHNKERRLA`V•COM
JUS"I' TO NOTIFY YOU:
KRISTI RAUGH
ENCLOSED IS YOUR COPY OF:
CORRESPONDENCE TO RHODY RANCH ATTN JODY RHODY
PLEASE CONTACT OUR OFFICE UPON RECEIPT.
}
x,} NO CONTACT NECESSARY UPON RECEIPT.
DATE: .1 uly 7, 2011
SIGNATURE: -
Angcla 1). Peese, Legal Assistant
EXHIBIT D
(U
?- a1r fit{ ( "[at? ?'?7F•Yw? a
tjt
C,1 '-',riurn f s::at>ip£ Foc -? .
C7 ndof,pnv.:n;cx,q;;irr:d) !- Y-_ -- r
CI ! {tsFvt;ry v all,Oc !
!f ;r11]J?f?f
C;
frl ----
--------------
--
C-3 Art.
July 7, 2011
JIA ELECTRONIC TR_ ANSMISSION AND REGULAR MAIL
Jody Rhody
Rhody Ranch
762 Grahams woods Road
Newville, PA 17241
Re: Krist_. Haugh
Dear Ms. Rhody: her purchase from
resent Kristi Raugh in all matters involving
I believe you are aware, I rep grown," known as "Luna."
As
you of the horse with the registered name, "Colonel Lady and forego any direct
Please direct all communications regarding this matter to me, etter to m client. You will be receiving under cover a
direct contact wi hCKristi Raughm
communication t my that if you ha y
be subject to prosecution for, criminal harassment. This
me under appropriate legal authority, meaning
le or otherwise, you will police.
whether by text messag
N Borough matter involving I<risti
letter will be copied to the State Police in Newville, as
lme with eega d to a ?y
Nevertheless, either yourself or your lawyer may contact
Raugh or her horse, Luna,
matter are as follows. On or about June 19, 2011, my client purchased from
The facts of this m
you the horse referenced above for the sum of $1,000.00 cash. Your business prepared a • "Horse
desire to maintain Luna at your
Purchase Contract" on a standar otat d the deletion iliofze. pa Despite paragraph your 4(C) of the standard contract. The
h orse will stay and field board with Rody Ranch for at least
facility, my client specifically ne neg
provision which was deleted had stated, "(? provision was deleted, my client was free to board
year from the signing of this agreement." Since the and a ore hospitable environment. In addition, a
a provision stating,. with Luna at a barn closer to heand sshade trees
by both yourself and my client i clienclmauded re."' provision
will be set forth
Bill of Sale which was prepared
"[t]his bill of sale includes a clause of `no restrictions for relocation on named
is im ortant that you understand - the Agreements of June 19 2011 are the only le atl
below - and it imp
bindin reements between ou our business and m client.
2011, a writing was prepared and signed by both of you, stating as follows:
On June 30,
h, permit Jody Rhody to transport Luna to her ranch for
ard
I, Kristi Raug
the period of 2 months to feed
oc°moStrconcernWLuna wtill lea goRhody
due. The health of foal is our
2011).
Ranch after 2 months (1 Sept
r the signature by both parties, there were the following unsigned notations:
After
• 1VJC'C'IlilI11CSE)111;?,' I'%1 l 7055
I?lllC'.I' I?OiI(I. ?IIIfC`. 1O'?
502 O
1 i.7G(i..-1,(>(?(> l??t;Vt.: I?GI'I"1.,ciW(?ii('UITI(".i).`?4.11(.'1 V\?V\?\N:1OI 11 .C;OI l
•i ?v I ? ???. 7 VV
Jody Rhody
July 7, 2011
Page 2
iven to jr. I, Kristi Raugh, will provide feed and hay for
2 bags feed g Ranch.
time of her board at Rhody Ra
Ba es you have sent to my client, it is my understanding that you
Based upon the text messag Y
this latter writing is a legally enforceable contract. It is not. The purpose of the writing was to
believe
authorize you to take Kristi Rauch's property to your ranch for a period of two months. This.was
support the existence of a
completely without any legal consideration on your part which would novation is lette to the contractual agreement. Just so you understand, , tohmake ary emenfo th od t hat the
author°-'? iven to ou is hereb revoked and ou are directed
return Luna to her owner.
Kristi Raugh is the owner of Luna. Absent making Monday morning with a Complaint in Replevin
Sunday evening, I plan to be in Cumberland County Court ask to replevy the horse and, pursuant to Rule 1075 of the Pennsylvania Rules of Civil Procedur e as ing the rit of
n as
soo
brin
zur
Couurt for a Writ of Seizure and a Hearing on the Wthe Courlt for aon awagrd o'f attorneyo fees against y hue
possible. In such a replevin action, I will be asking will a ear at your ranch to seize t
pursuant to court rule and law. The Sheriff of Cumberland County pP
horse.
in the meantime, my client would like a veterinarian of her choosing to see Luna to ascertain ess that she is being properly cared for and in good health. Please advise im e omy you wl ill ingne theogravest
,
accommodate this request. If anything should happen to Luna in the , ,
of legal consequences.
As ou know, Kristi had originally agreed to the two month possession of Luna at your ranch
ecam
she
y ntim
that a because of your need to feed the foal. However, in the you mea had o ally tobd Kr s e wawa he the poll oe weereorse
at your ranch had a foal and was lactating. Moreover, y
horse have reneged on this promise.
clioent month would perio
from you and then give up
iv buy d. a You
Surely, that she could visit her mare during the two
, you are not so nae as to believe that my proposition.
any right to see her animal for a period of two months. That is a ludicrous prop
After,
In fact, it has become apparent to Kristi that this issue with you is solely about money.
the right to board Luna, you are attempting to recoup the funds you would have realized by
requiring and grain for her upkeep. My client furnished one hundred pounds
losing
excessive amounts of hay thi of grain, which should have lasted 2.5 weeks. You went hroyour fish five. days. !t is apparent that .t the
extra food is for milk. She is not paying you to make milk for you are not to contact my client; 2) you are to make arrangements to return
To summarize, 1) y for the purpose of
this weekend; and 3) you or your lawyer may contact me, as necessary,
Luna by
communication as to any of these matters.
Jody Rhody
July 7, 2011
Page 3
I trust that you will give this matter the seriousness it deserves. Please be guided accordingly.
Thank you for your attention to this matter.
Respectfully yours,
./john M. Kerr
cc: K:risti Raugh
Rhody Ranch
762 Grahams Woods Rd
Newville Pa 17241
717-226-0692
Kristi Raugh,
Please be advised that you (Kristi Raugh) or anyone associated
Grahams Woods th ou re
not permitted on the property located at Rhody Ranch for ick u
Newville Pa 17241. Please make arrangements with me (Jody Rhody) pick up
with Luna on 1 Sept 2011.
when all feed bills or any other
Luna will be released back into your custody
generated bills to care for her during the month of June & July are paid in full.
Please be advised as of 7 July 2011 Luna is out ffGrain r Luna and You weha have a
written agreement that you aregrain hay
delivered enough hay to last until
8 July 2011
Jody Rhody ?-
EXHIBIT E
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
FILED-OFFICE
OF THE i"itOTHONOTA
2011 JUL 15 AM 8: 53
CUMBERLAND COUNT``
PENNSYLVANIA
Krisit Raugh
vs.
Jody Rhody
Case Number
2011-5618
SHERIFF'S RETURN OF SERVICE
07/12/2011 08:58 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 12,
2011 at 2058 hours, he served a true copy of the within Complaint in Replevin, upon the within named
defendant, to wit: Jody Rhody, by making known unto herself personally, at 80 Alters Road, Carlisle,
Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the
said true and correct copy of the same.
SHERIFF COST: $46.44
July 13, 2011
RYAN BURGETT, DEPUTY
SO ANSWERS,
RON ' R ANDERSON, SHERIFF
(. j _oun ySuiv, She r Te'eso l InC
a ?
KRISTI J. RAUGH,
Plaintiff
V.
JODY RHODY, t/d/b/a
RHODY RANCH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN REPLEVIN
NO 11-5618 CIVIL
C`
C-) *? `rr
-n
c?
773
- "
cn - CD +
CD -'Ti
NOTICE OF HEARING FOR SEIZURE OF PROPERTY
TO: JODY RHODY t/d/b/a RHODY RANCH
You are hereby notified that
(1) Plaintiff has commenced an action of replevin and has filed a motion for seizure of the
property described in the complaint. A copy of the complaint and motion is attached to this
notice;
(2) There will be a hearing on this motion on the 1 day of
2011 at .a0 Pm in Courtroom # , Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania 17013;
(3) You may appear in person or by a lawyer at the time and place set forth or file written
objections setting forth your reasons why the property should not be seized;
(4) Your failure to appear at the hearing may result in the seizure of the property
claimed by plaintiff before a final decision in the case. 8 /J
Y -A4 L LSO I.? /G/?
LZAt
.t
Kristi J. Raugh, Plaintiff
John M. Kerr, Esquire, counsel for Plaintiff
Distribution:
? John M. Kerr, Esquire, 5020 Ritter Road, Suite 104, Mechanicsburg, PA 17055
? Jody Rhody, t/d/b/a Rhody Ranch, 762 Grahams Woods Road, Newville, PA 17241
Michael Scherer, Esquire, Baric and Scherer, 19 W. South Street, Carlisle, PA 17013
0,- µ?
I?
David(D. Oueff
Prothonotaly
Office of the Prothonotary
Cum5eriand County, Pennsylvania
Kirk& Sononage, ESQ
solicitor
11-,51,1R CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28T" DAY OF OCTOBER, 2014, 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,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 e CarCisCe, '40 (Phone 717 240-6195 Ta 717 240-6573