HomeMy WebLinkAbout04-4432GREGORY A. JARRETT, 1 IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. )
CIVIL ACTION - LAW
DEBORAH L. EAGLE, 1
Defendant ? NO. b 1`? NOTICE
TO DEFENDANT NAMED HEREIN:
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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
GREGORY A. JARRETT,
Plaintiff
VS.
DEBORAH L. EAGLE,
Defendant
COMPLAINT
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. vv- yy3a 0,;?J f c
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
makes the following Complaint in this matter;
1. The Plaintiff is Gregory A. Jarrett, an adult individual who resides at 568 Warm
Springs Road in Landisburg, Pennsylvania.
2. The Defendant is Deborah L. Eagle, an adult individual who resides at 840 D.
Lisburn Road in Camp Hill, Cumberland County, Pennsylvania.
3. In September of 2002, at the request of Defendant, Plaintiff loaned Defendant
$13,000.00.
4. The loan was made pursuant to an agreement between the parties whereby the
Defendant agreed to use the funds to purchase a residence and to repay Plaintiff at a
future date.
5. To date, Defendant has not repaid the monies loaned to her by Plaintiff, or any
portion of those funds, despite Plaintiff's repeated requests that she do so.
6. Defendant, by her conduct, has breached the agreement between the parties
whereby she agreed to repay the loan made to her by Plaintiff. By her conduct,
Defendant has injured Plaintiff in the amount of $13,000.00 plus interest after October of
2002.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$13,000.00, plus interest at the rate of 6% per annum after October 2002, plus costs of
suit.
S el L. Andes
-4-5
Attorney for Plaintiff
Supreme Court ID ff 17225
525 North 1 V' Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date: 8 --22 -0 q
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04432 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JARRETT GREGORY A
VS
EAGLE DEBORAH L
SHANNON SHERTZER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
EAGLE DEBORAH L
the
DEFENDANT , at 2012:00 HOURS, on the 14th day of September, 2004
at 840 D LISBURN ROAD
CAMP HILL, PA 17011
by handing to
DEBORAH L EAGLE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.10
Affidavit .00
Surcharge 10.00
.00
39.10
Sworn and Subscribed to before
me this 1;2 day of
,2 ov V A. D.
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Pfothonotary
So Answers :
R. Thomas Kline
09/15/2004
SAMUEL ANDES I,
By:
!G
'Deputy Sheri
Joanne Harrison Clough P C
Joanne Harrison Clough, Esq.
24 N. 32od Street
Camp Hill, PA 17011
717.737-5890
Pa. Supreme Court ID No. 36461
Counsel for Defendant
GREGORY A. JARRETT,
Plaintiff
v.
DEBORAH L. EAGLE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACfION=LAW
: NO. 04 - 4432
ANSWER
AND NOW, this day of September, 2004 comes the Defendant, Debra L.
Eagle, and files this Answer and New Matter to Plaintiffs Complaint and in support
thereof avers as follows:
Admitted.
2. Admitted in part, denied in part. It is specifically denied that Defendant's
first name is "Deborah". To the contrary, Defendant's name is Debra L.
Eagle.
Denied. It is specifically denied that Plaintiff loaned Defendant $
13,000.00 or any sum of money in September of 2002. To the contrary, in
the summer of 2002 the parties ended and eight year romantic and
cohabitation relationship at which time the parties exchanged certain
personal property and monies to divide and settle their property ownership
and financial issues and assets. Strict proof of said alleged loan is
demanded at time of trial.
4. Admitted in part, denied in part. It is further denied that any loan was
made to Defendant by Plaintiff. It is further denied that Defendant ever
agreed or offered to repay Plaintiff for any sums of monies he tendered to
her at the end of their relationship. To the contrary, the monies tendered
to Defendant by Plaintiff were in settlement of financial and personal
property division issues at the end of an eight year cohabitation
relationship. It is admitted that Defendant used the cash monies she
received from Plaintiff towards the purchase of her new residence. Strict
proof of said alleged loan is demanded at time of trial.
5. Denied. It is specifically denied that Defendant was loaned any money by
Plaintiff as more specifically set forth in paragraphs I through 4 here
above and the New Matter set forth here below. It is further denied that
Plaintiff made repeated requests for the repayment of any loan. Defendant
received no request for repayment of any monies until she received a letter
from Plaintiffs counsel in the summer of 2004. It is further denied that
any money is owed by Defendant to Plaintiff and strict proof is demanded
at time of trial.
6. Denied. It is specifically denied that Defendant and Plaintiff had any
agreement whereby Defendant agreed to repay any monies to Plaintiff. It
is specifically denied that they monies tendered by Plaintiff to Defendant
were a loan. It is further denied that Defendant has any obligation to
tender the sum of $ 13,000.00 to Plaintiff or interest or costs of suit. To
the contrary, Plaintiff tendered said sum of money to Defendant as part of
the parties division of personal property and assets and settlement of their
financial affairs at the end of an 8 year romantic cohabitation relationship.
Strict proof of said alleged loan is demanded at time of trial.
NEWNEW MATTE
7. Paragraphs 1 through 6 are incorporated by reference as if set forth in full
here below.
8. Plaintiff and Defendant were previously involved in a romantic
relationship and cohabited for eight years until Defendant ended the
romantic relationship in the summer of 2002.
9. When Defendant ended her romantic involvement with Plaintiff the parties
discussed and reached an agreement dividing personal property acquired
during the relationship and otherwise settling their financial and property
issues prior to Defendant moving from Plaintiffs residence.
10. As part of the settlement of the parties' personal property and financial
issues at the end of this eight year relationship, Defendant requested the
sum of $ 10,000.00 to settle the parties' personal property and financial
matters at the conclusion of their eight year relationship.
11. Plaintiff instead agreed to tender the sum of $ 15,000.00 to Defendant as
her sole and separate property to be used towards the purchase of her new
residence, and in settlement of numerous personal property and financial
issues stemming from the parties eight year romantic cohabitation
relationship. At or about said time Defendant gave Plaintiff valuable
19. Plaintiff released Defendant from any financial obligation to him when the
parties distributed their personal property and he tendered her the cash
payment as settlement of all of their personal property and relationship
and financial issues.
20. Plaintiff voluntarily tendered said monies to Defendant as payment for
money and assets she had contributed during the party's eight year
cohabitation relationship.
21. Plaintiff and Defendant released each other to any financial obligation to
the other when they transferred personal property and money.
22. The Plaintiff knows he never lent any monies to Defendant, and further
knows that Defendant never agreed to repay any monies to plaintiff and
Plaintiff filed this baseless, frivolous, spurious and vexatious legal action
solely to harass and annoy Defendant.
23. Defendant never accepted said cash payment as a loan or ever agreed to be
legally obligated to repay any monies to Plaintiff and strict proof there of
is demanded at time of trial.
WHEREFORE, Defendant Debra L. Eagle respectfully requests this Court
dismiss this Complaint with prejudice and direct Plaintiff to pay any and all legal fees,
costs and expenses she incurs in defense of said suit, and grant any other relief this Court
deems appropriate.
Pa. Supreme Court Id P4 36461
24 N. 32nd Street
Camp Hill, PA 17011
VERIFICATION
I, Debra L. Eagle, hereby verify and state that the facts set forth in the foregoing
pleading are true and correct to the best of my information, knowledge and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn verification to authorities.
DATE:
DEBRA L. EAGLE
CERTIFICATE OF SERVICE
I, Joanne Harrison Clough, hereby certify that I served a true and
correct copy of the foregoing on the Plaintiff by placing a copy of same in
the United States mail, postage prepaid on September 24, 2004 to the
following address:
Samuel A. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
Counsel for Plaintiff
Joanne Harrison CIO Esquire
Pa. Supreme Court I . N .36461
24 N. 32nd Street
Camp Hill, PA 17011
Counsel for Defendant
717.737.5890
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GREGORY A. JARRETT, )
Plaintiff i
1
)
VS. )
DEBORAH L. EAGLE, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-4432
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Samuel L. Andes, counsel for the Plaintiff in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $13,000.00. The counterclaim of the
Defendant in the action is N/A.
3. The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators: Joanne Harrison Clough, Esquire.
WHEREFORE, your petitioner prays this Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
S el L. Ande
Attorney for Plaintiff
ORDER OF COURT
AND NOW "t is "i?Ilt r ?o?07Z2-t/ 0" r?in consideration of the foregoing petition,
sq., Y C'lu?t Esq., and
G Esq., are appointed arbitrators in the above-captioned action
s prayed for.
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By the Court,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GREGORY A. JARRETT,
Plaintiff
NO.04-4432
V.
CIVIL ACTION - LAW
DEBORAH L. EAGLE,
Defendant
ORDER OF COURT
AND NOW THIS 7th day of April, 2005, upon information received, Thomas
Cook, Esquire, is hereby excused as an arbitrator and shall be replaced by Robin
Bleecher, Esquire, who is hereby appointed arbitrator in the above captioned action.
By The Court
m4ni.-
cc: Joseph D. Buckley, Esquire, Chairman
Samuel L. Andes, Esquire
Joanne Harrison Clough, Esquire
Lisa M. Greason, Esquire
Robin Bleecher, Esquire
lp,a bye Pik( - Court Administrator
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Gregory A. Jarrett
Plaintiff
Deborah L. Eagle
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.' 04 _ 4432
Civil Action - Law.
l
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
wi delity.
afore ignature S'
Joseph D. Buckley
Name (Chairman)
Law, Off icea of
Joseph D. Buckley
Law Firm
1237 Holly Pike,
Address
Lisa M. Greason
Name
Law Firm
P.O. Box 385
Address
Robin Bleecher
Name
Ptr'GN`r j ?oGia?c . ?•G.
Law Firm
1205 Manor Drive
Address
Carlisle, PA 17013 Carlisle, PA 17013 Mechanicsburg, PA 17055
City, Zip City, zip City, Zip 31 I oq l Award 15? 140W
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay ye awarded, they shall be separately stated.)
7 *r OL49-. wn-I Fr . PLr4 I AM FF -M ZeAA - th & C.Q r 73
name if
DateofHearing: 6-)1- oS
Chairman
Date of Award: 5- 7? -off (
Notice of Entry
Now, the day of 20, 1 at f?S .M., the above award was
entered upon the doc etand notice e
ffi reof ' given b y mail Ito
parties arties or their attorneys.
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Arbitrators' compensation to be paid upon appeal: $ &"q o. Oro I
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By:
Prothonotary Deputy
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